CWP No.5384 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5384 of 2010 (O&M) Date of Decision: 07.01.2011 **** Gayatri Jain & Anr. . . . . Petitioners VS. Director Health Service, 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: Ms. Gayatri Jain, petitioner No.1 – in person Ms. Monica Chibber Sharma, DAG Punjab Mr. KS Yadav, Advocate for respondents No.R1 to R3 ***** SURYA KANT J. (ORAL) (1). The petitioners are residents of Gali No.23, Belholpur Road in village Jujharnagar, District SAS Nagar, Mohali. Their grievance appears to be against the digging work and laying of the sewerage line abutting their houses so as to provide the said amenity to some of the residents of the village other than the petitioners. The petitioners urge that the sewerage line is being laid without any sanction from the competent authority and in such a haphazard manner that it would cause severe damage to CWP No.5384 of 2010.doc - 2 – their houses and the foul smell to be emanated would cause pollution. (2). The private respondents though have filed their reply/affidavit but unfortunately the Gram Panchayat of the village has not come forward. (3). It is apparent from the rival contentions that there is conflict of interest between the residents of the village as according to the respondents, the petitioners have constructed their houses in an unauthorized colony developed outside the periphery of the village. (4). Having heard learned counsel for the parties at some length, I am of the considered view that the laying of sewerage line is a basic amenity deserves top be provided to the public at large and should the financial condition of the Gram Panchayat so permits, such a facility ought to be extended to all and sundry. It needs no special mention that the sewerage line has to be laid in a properly regulated and methodological manner so that while it may not turn out to be a boon for one and bane for the other. (5). In the absence of any assistance from the authorities and also the scant material on record, it is not expedient for this Court to form any definite opinion in the matter. CWP No.5384 of 2010.doc - 3 – (6). The writ petition is accordingly disposed of with a direction to the Deputy Commissioner SAS Nagar, Mohali and the DDPO, Mohali to immediately take cognizance of the situation and provide full assistance to the Gram Panchayat of the concerned village to complete the project of laying sewerage line but without causing any pollution and/or other difficulties to the bona fide residents of the village. (7). The needful shall be done as early as possible but not later than two months from the date of receipt of a certified copy of this order. (8). Let a copy of this order be handed over to Ms. Monica Chibber Sharma, DAG Punjab for information and necessary compliance. (9). Ordered accordingly. Dasti. 07.01.2011 vishal shonkar (S u r y a K a n t) Judge