Punjab-Haryana High Court
Kanwal Bakshi & Ors vs State Of Punjab And Others on 6 April, 2011
Bench: Ranjan Gogoi, Kanwaljit Singh Ahluwalia
CWP No.12453 of 2010 -: 1 :-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.12453 of 2010
Date of Decision: 06.04.2011
Kanwal Bakshi & Ors.
... Petitioners
Versus
State of Punjab and others ... Respondents.
CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Shri Raman Partap Singh, Advocate for the petitioners.
Ms. Madhu Dayal, Additional Advocate General, Punjab
for respondent No.1.
Shri Ashish Grover, Advocate
for respondentd No.2 & 3.
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RANJAN GOGOI, C.J.(Oral)
This PIL has been filed by the residents-inhabitants of the colonies surrounding the upcoming PUDA proposed colony at Jail Road, Gurdaspur.
The grievance raised is that the plinth level of the constructions proposed in the new colony is very high and the same will lead to CWP No.12453 of 2010 -: 2 :- accumulation of rain water and also accumulation of sewerage which will cause environmental and pollution hazards to the residents of the surrounding colonies.
The provisions of the Punjab Regional and Town Planning and Development Act, 1995 which would apply to the present case, contain elaborate provisions for circulation/publication of the draft scheme to be executed by the PUDA, containing details of the constructions proposed. Though no material has been laid before the Court in this regard, having regard to the statutory scheme under the aforesaid Act, the Court may reasonably proceed on the basis that the draft scheme with detailed particulars thereof were duly published inviting objections from all possible quarters.
The above apart, the written statement filed in the case on behalf of the respondents No.2 and 3 indicates that the apprehensions of the petitioners are not correct. In the aforesaid written statement it has been stated that disposal of rain water has been planned by an efficient and workable rain water harvesting system. Specifically it has been stated that 46 roads-gallies are being constructed to collect the rain water which will be stored in 10 rain harvesting wells. Additionally, it has been stated that the slopes of the roads inside the colony have been designed to provide easy access to the rain water to the harvesting pipes. Regarding disposal of sewerage, it has been stated that an independent sewerage system has been planned to avoid any kind of sewerage disorder. The said system is to be ultimately joined to the main sewer lines at two different points and that necessary sewerage share charges amounting to Rs.20 lacs out of total of approximately Rs.32 lacs have been deposited with the Municipal Council CWP No.12453 of 2010 -: 3 :- on 11.8.2010. According to the respondents, the said amount has been fixed by the Municipal Council after considering the capacity of the main line to carry the load out of the PUDA colony. It is further stated that the lay-out plan was sanctioned by the Engineering Department of PUDA and the proposed construction will not cause any hindrance to the neighbouring residents. At the hearing learned counsel for the respondents No.2 and 3 has also submitted that 90% of the construction of the colony is over.
In view of the stand taken by the respondents in the written statement, which has not been controverted by the petitioners, we are of the view that except a direction to the said respondents to effectively implement the various measures, as indicated above, no further orders of the Court will be called for. We, therefore, dispose of this PIL in terms of the above directions.
[Ranjan Gogoi] Chief Justice [Kanwaljit Singh Ahluwalia] April 05, 2011. Judge kadyan