Punjab-Haryana High Court
Smt. Kamlesh Kumari vs The Chandigarh Administration & Others on 14 March, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
Civil Writ Petition No. 5532 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 5532 of 2010
Smt. Kamlesh Kumari
.....Petitioner
VERSUS
The Chandigarh Administration & others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. P.S. Goraya, Advocate,
for the petitioner.
Mr. Sanjeev Ghai, Advocate,
for respondent Nos.1, 2, 4 & 5.
Mr. Kamal K. Sharma, Advocate,
for respondent No.6.
Mr. Jagdish Manchanda, Advocate.
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RANJIT SINGH, J.
The petitioner has approached this Court with a prayer seeking protection of her flat as she has constructed a concrete fencing around to stop rain water flowing into her flat. Society is constructing a road and so the problem for the petitioner. This Court had appointed Mr. Manchanda to go and visit the site to see in case the road being constructed is at higher level than that of flat of the petitioner, which may result in rain water flowing into her house. Mr. Manchanda has submitted his report, which is kept on record and it clearly indicates that the level of the road is 9 inches lower than the base of the flat of the petitioner and thus, the Civil Writ Petition No. 5532 of 2010 -2- grievance raised in the writ petition in this regard is not made out. Mr. Goraya still makes some submissions that green belt at the back of petitioner's flat be protected. As per the reply, construction is being made as per approved plan.
The Court had appointed a counsel of this Court who is an independent officer, to visit the scene and he has submitted his report fairly. This should have satisfied the petitioner. I am, thus, not inclined to further interfere on any ground raised in the writ petition.
The writ petition is, accordingly, dismissed.
March 14, 2011 ( RANJIT SINGH ) monika JUDGE