CWP No. 5191 of 2007 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 5191 of 2007
Date of Decision: 21.10.2008
Parhlad and others ..Petitioners
versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE JASBIR SINGH
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 : Mr. Dinesh Kumar Jangra, Advocate for the petitioners
Mr. Rameshwar Malik, Addl. A.G. Haryana
for respondents No.1 and 3 to 5
Mr. Arun Walia, Advocate for respondent No.2
Mr. C.B.Kaushik, Advocate for respondents No. 6 to 8.
*****
T.S.Thakur, C.J. (Oral)
This petition has been filed in public interest. It prays for a
mandamus directing the respondents to construct a female public toilet in
village Dinod under ” Sampuran Gramin Swachhta Karyakaram” in terms of
a resolution passed by the panchayat of the area. In the counter affidavit
filed on behalf of respondents No.1 and 3 to 5, it is, inter-alia, stated that
Gram Panchayat had provided a site for construction of Woman Sanitary
Complex in village Dinod, District Bhiwani in terms of resolution No. 3
dated 20.8.2005. Some dispute regarding the construction of complex at the
said site, however, arose amongst the villagers thereby preventing the start
of the construction work. The Gram Panchayat then decided to identify a
new site in terms of Resolution No. 2 dated 13.7.2006 to construct the
complex in the afore mentioned khasra No. 502 at Dhani Mahu Road which
CWP No. 5191 of 2007 [2]
is situated on the outside of the village and sent the said resolution to
Deputy Commissioner, Bhiwani (respondent No.3 in the writ petition).
Respondent no.3 has on receipt of the said resolution directed construction
of a complex at the new site identified by the Gram Panchayat. The
construction work has also started at the said site. The counter affidavit goes
on to state that petitioners No. 4,5,6 and 8 had participated in both the
meetings of the Panchayat mentioned above and affixed their
signatures/thumb impressions on the proceedings of the Panchayat. They
have, therefore, no locus standi to file the present petition.
Mr. Kaushik, learned counsel appearing for respondent no.6
who happens to be the Sarpanch of the village submits that the Sanitary
Complex has already been constructed. Even Mr. Malik, learned counsel
appearing for respondents No.1 and 3 to 5 submits on the basis of the
averments made in the counter affidavit that construction work having been
started some where in July,2007, the same must have been completed by
now. In the circumstances, therefore, and keeping in view the fact that the
construction of the complex has already been undertaken and might have
been completed by now, there is nothing left further for determination in
this petition.
Learned counsel for the petitioners, however, submitted that the
complex constructed at the new site is not in accordance with the scheme
framed by the Government. Two earlier Toilets are also located in the very
same ward in which the new complex has been constructed. The need for
construction of a Toilet complex in Wards No.1 to 4 of village Dinod,
therefore, remains wholly unsatisfied.
CWP No. 5191 of 2007 [3]
We are not impressed by that submission made by the learned
counsel. Whether or not there is any need for a Toilet Complex in Wards
No.1 to 4 is a matter for the Pancyayat to decide. If the Panchayat on an
assessment of the need of the villagers feels that another complex needs to
be constructed in Wards No.1 to 4, the dismissal of this petition will not
prevent it from taking appropriate steps and providing such a complex even
in those wards. As at present, it is difficult for us to hold that the complexes
which the authorities have constructed would not satisfy the needs of the
residents of Wards No.1 to 4. It is noteworthy that petitioners No.1 to 11 are
all members of village Panchayat Dinod. They are, therefore, in a position
to pass an appropriate resolution and take up the matter at the appropriate
level for construction of any other complex, if need for such complex, exist
and funds for the same are available with the authorities concerned.
With the above observations, this writ petition is disposed of
but in the circumstances without any order of costs.
(T.S.THAKUR)
CHIEF JUSTICE
(JASBIR SINGH)
21.10.2008 JUDGE
'ravinder'