High Court Punjab-Haryana High Court

Arvind Thakur vs State Of Haryana And Others on 20 November, 2008

Punjab-Haryana High Court
Arvind Thakur vs State Of Haryana And Others on 20 November, 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.

            CIVIL WRIT PETITION NO. 11506 OF 2008(O&M)

            DATE OF DECISION: November 20, 2008.

Arvind Thakur

                                      ..PETITIONER
       VERSUS
State of Haryana and others

                                      ...RESPONDENTS


CORAM:      HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE
            HON'BLE MR. JUSTICE JASBIR SINGH


PRESENT: Mr. Arvind Kashyap,
         Advocate, for the petitioner

            Mr. Rameshwar Malik, Addl. A.G., Haryana,
            for respondent No. 1.

            Mr. R.S.Longia, Advocate, for Mr. Arun Walia,
            Advocate, for respondent No. 2.


1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


T.S.THAKUR, CHIEF JUSTICE (oral)

JUDGMENT

CM No. 22708 of 2008:

Written-statement on behalf of respondent No. 2 is taken on

record. Application stands disposed of.

CWP No. 11506 of 2008:

This petition filed in public interest prays for a direction against

the respondents to take steps to prevent occurrence of mishaps at work sites

where pits are dug and also to cover manholes, wherever drains

run through public places.

CIVIL WRIT PETITION NO. 11506 OF 2008 -2-

When this petition came up for hearing before this Court on

August 4, 2008, respondent No. 2 was directed to place on record the

policy, if any, finalised by the Haryana Urban Development Authority for

protection of humans living in the vicinity of drainages and manholes and

around places where excavation has been or is proposed to be carried out

by the respondents. The respondent has pursuant to the said order filed a

counter affidavit and placed on record a circular dated August 14, 2008,

issued to all the Superintending Engineers, HUDA, by the Chief Engineer,

HUDA, setting out the guidelines that require the contractors to take proper

precautions while laying underground sewerage/draining lines in places

where HUDA has allotted civil works. From a reading of the said

guidelines, we are of the view that HUDA is sensed to the need for

preventing accidents on account of carelessness of the contractors,

employed by it and that the necessary instructions have been issued to the

engineering staff to ensure that the guidelines formulated by HUDA are

strictly adhered to by the contractors. In the circumstances, therefore, and in

the light of the said guidelines, we see no room for issuing any further

directions from this Court except that in the event of any mishap taking

place on account of any act of negligence on the part of HUDA or its

contractors, the aggrieved party shall be entitled to seek redress in

appropriate proceedings before the competent Court. The writ petition is

disposed of with the above directions leaving the parties to bear them at

costs.

( T.S.THAKUR)
CHIEF JUSTICE

(JASBIR SINGH)
November 20, 2008. JUDGE
DKC