CWP No.19217 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19217 of 2009 (O&M) Date of Decision: 07.02.2011 **** Karnail Singh Dhillon, Numberdar . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Jagjeet Singh Gill, Advocate for the petitioner Ms. Monica Chibber Sharma, DAG Punjab Mr. Amit Singh, Advocate for respondent No.4 **** SURYA KANT J. (ORAL) (1). The petitioner seeks a direction to the District Administration, Bathinda and the Executive Officer, Municipal Council, Rampura Phul to not to construct the main sewerage disposal tank and pumping station in the playground of the Government Girls High School, Phul, District Bathinda. The petitioner is a Numberdar of village Phul Town. The petitioner’s case is that the site earmarked for the construction of the Sewerage disposal tank and dispensing station falls within the khasra number earmarked for the playground of the Government CWP No.19217 of 2009.doc - 2 – Girls High School, Phul whereas the respondent- Municipality in its reply/affidavit maintains that the site in dispute is approximately at a distance of 1200 running feet away from the Government Girls High School and that it belongs to the Municipal Council, Rampura Phul. Site Plan (Annexure R4/1) has also been appended in order to demonstrate the distance between two places. (2). I have heard learned counsel for the parties at some length and perused the record. (3). There can indeed be no doubt that the playground of the Government Girls High School deserves to be protected for sports and curricular activities of the School children and the same cannot be allowed to be encroached upon or reduced in terms of the size in the name of the other public utility services. At the same time, the provision of the sewerage disposal tank and pumping station is also needed to be provided in the public interest. (4). In order to resolve that both the facilities are made available without causing hindrance against each other, the writ petition is disposed of with a direction to the Deputy Commissioner, Bathinda to depute a team of three Revenue officials to be headed by the Tehsildar of a place other than Rampura Phul who are directed to re- inspect and re-measure both the sites after identifying CWP No.19217 of 2009.doc - 3 – the khasra numbers and submit their report to the Deputy Commissioner, Bathinda within a period of one month. Further action regarding removal of the construction, if any, raised for protection of playground by raising a wall shall be taken by the Deputy Commission on the basis of the said report within a period of six months thereafter. (5). A compliance report to this effect shall also be submitted to the Registry of this Court. (6). Let a dasti copy of this order be handed over to Ms. Monica Chibber Sharma, learned DAG Punjab for information and necessary compliance. 07.02.2011 vishal shonkar (S u r y a K a n t) Judge