The High Court
Case Details
COCP-5416-2024 (O & M) 1 IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 215 Gopal Kri al Krishan COCP No.5416 o Date of decision 5416 of 2024 (O & M) cision :-07.08.2025 …..Petitioner Versus Shri V. Um Transport V. Umashankar, Secretary of Mini sport and Highways of India of Uni f Ministry of Ministry of Road f Union of India and others …..Respondents CORAM: AM:- HON'BLE MS. JUSTICE NI E NIDHI GUPTA Present:-
Legal Reasoning
te for Mr. Kritik Jain, Advocate for dvocate Mr. Vishal Aggarwal, Advoca for the petitioner. Mr. Manmeet Singh Teji, AAG i, AAG Punjab. Ms. Ekta Thakur, Advocate w Ms. Shikha, Advocate for resp cate with or respondent No.4. NIDHI GU HI GUPTA J. (Oral) Prayer in this petition is f is for initiation of contempt proceeding eedings against the respondent for no for not complying with the order dated 09.7. 09.7.2013 (Annexure P-10) passed b ssed by a Division Bench of this Court in C t in CWP-4559 of 2007 titled as “Co Court on its own motion vs. State of Pu of Punjab and others” whereby the pe
Decision
the petition was disposed of with the followi ollowing directions :- “xxx xxx xxx Taking note of f of facts & circumstances, we dispose of this writ pe t petition by issuing directions that the Departments of ts of Town & Country Planning and also the Forest Dep t Department in both the States, VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document COCP-5416-2024 (O & M) 2 shall appoint a Senior nior Government Officer as a Nodal Officer, who s o shall check out such like illegal construction o n on the roadside and take action against un-autho uthorised construction/carving out of un-authorised p ed passage through the Forest Land on the roadside. ide. Name and designation etc. be referred on the offic official web sites of the above departments. So far as area fal a falling in the Municipal limits is concerned, the Sta States are directed to issue directions to the Munici unicipal Councils to take action as per law. It is further direc irected that if any complaint is received by the Nod Nodal Officer so appointed, regarding un-authoris horised construction and/or carving out of un-autho uthorised passage through the Forest Land abutting t ing the road, immediate action shall be initiated. The State shall hall do the needful within 2 months from the receipt ceipt of a copy of this order.” Vide order dated 09.7.201 .7.2013 (Annexure P-10), the Hon’ble Di ’ble Division Bench of this Court had rt had taken suo motu cognizance of the fact e fact that some Dhaba owners had co had come to the Court by way of Civil Writ Writ Petition No.3999 of 2007 prayin praying for issuance of direction to the State e State of Haryana not to demolish t olish their roadside construction. Accordingl rdingly, the Court on its own motion otion initiated the said Civil Writ Petition No ion No.4559 of 2007 whereby the resp e respondent-State of Punjab was given the d the direction (reproduced above) vide e) vide order dated 09.7.2013. It is pointed out by learned c rned counsel for the respondent No.4 that that the petitioner herein had sou d sought the above said relief VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document COCP-5416-2024 (O & M) 3 mentioned ioned in the order (Annexure P-10) 10) by way of a Civil Suit No.685 of 85 of 2018 for “Permanent Injunction ction restraining the defendants from const onstructing any temporary or perma ermanent urinal at point ABCD shown in r in red colour in the site plan ann annexed here to and accept a which pro proposed site is adjacent to the the Confectionary shop of the plaintiffs is ffs is known as "Kansal Confectiona ionary Store" owned by plaintiff no. 2 and w nd wherein business is run by both t oth the plaintiffs, situated at old bus stand, nd, Bhawanigarı, forcibly, illegally ally and in any manner.” The said suit w suit was dismissed in default by the l y the learned trial Court for want of prosecu rosecution vide order dated 13.10.20 3.10.2021 (Annexure R-4). It is clarified by fied by learned counsel for responden ondent No.4 that the demolition of the publ e public urinal sought by the petitioner itioner were existing way-back in the year 19 ear 1998. The said urinals are existin existing in a busy market and are close to the to the Bus Stand as stated in para 4 o ara 4 of the reply dated 04.5.2025 filed by wa by way of affidavit of Shri Ashwani hwani Kumar, Executive Officer, Municipal icipal Council, Bhawanigarh, Distric District Sangrur. It is further pointed ou ed out there was demand by the ge the general public that the said urinals be ls be renovated and refurbished ished as they are very old. Accordingl rdingly, a Resolution dated 13.10.1 3.10.1997 (Annexure R-3) was passed by ed by respondent No.4. Further Furthermore, the urinals were constructed tructed for ladies and gents in accorda ccordance with public demand in pursuance t ance to the Resolution dated 13.10.19 .10.1997 (Annexure R-3). It is further submitted that eve at even as per the Swachh Bharat Mission im ion implemented by the Ministry of U ry of Urban Development and by the Ministr inistry of Drinking Water and Sanit Sanitation for Urban and Rural VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document COCP-5416-2024 (O & M) 4 Areas, the s, the guidelines have been issued, sued, as per which it has been directed th ted that Public Toilets and Urinals be nals be constructed in prominent placed with d within the city where there is high s high footfall. Learned counsel refers to t s to the photographs (Annexure R re R-5) to show that the said Urinals exi als exist in a busy market and close to ose to the Bus Stop. In view of the aforesaid fac aid facts, the present Contempt Petition sta ion stands dismissed. Rule stands discharged. Pending application(s), if any, if any, shall stands disposed of. August 07 Vijay Asija 7, 2025 Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document