HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *** CWP NO. 2961 of 2008. *** Bhagwant Rai Kansal Versus State of Punjab and others. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Jasbir Singh. *** Present: Shri Raj Paul Kansal, Advocate, for the petitioner. Shri Harsh Aggarwal, Advocate, for MC, Ludhiana. Shri Amol Rattan Singh, Addl: A.G. with Ms. Sonu Chahal, DAG, Punjab. *** TS.Thakur, CJ (Oral) This petition filed in public interest makes a grievance regarding the poor condition of a public park situate in Ward No. 30, Guru Nanakpura, Civil Lines, Ludhiana. The petitioner's case appears to be that on account of neglect and apathy on the part of the respondents who are charged with the duties of maintaining the said park, the same has been converted into an open air urinal. In response to a notice issued by this Court, Mr. J.S. Bilga, Executive Engineer (Horticulture) Municipal Corporation, Ludhiana has filed a reply, from a reading whereof it appears that appropriate steps have been taken by the authorities to protect the park against encroachment and also a cement concrete pedestrian path has been constructed for the benefit and convenience of the morning and evening walkers. A regular employee/ Mali has also been engaged for maintenance of the plantation and greenery of the park. The area supervisor and Junior Engineer of Horticulture Wing have been detailed to visit the park to check the attendance of the Mali/ Beldar to take immediate measures whenever any -2- CWP No. 2961 of 2008 deficiency is noticed. The affidavit goes on to state that since the park is situate in a residential area, the movement of visitors in the park is open to public view. There is, therefore, no question of using the park as a place of urination by the general public as alleged. From the photographs produced along with the writ petition as Annexures P-1 and P-2, it was evident that a corner of the park was indeed being used by the public for urination. In order to explain that aspect Mr. Bilga has filed an additional affidavit in which apart from the averments made earlier, he has referred to a proposal to move the higher authorities for constructing a standing urinal for the convenience of the residents of the nearby area and visitors to the park. In the circumstances, therefore, all that we need say is that the authorities shall take care to maintain and up- keep the park and prevent the mis-use thereof in any way. The authorities would also do well to process the proposal for constructing a standing urinal, as suggested by the Executive Engineer. With the above observation, this writ petition is disposed of, leaving the parties to bear their own costs. (T.S.Thakur) Chief Justice (Jasbir Singh) Judge December 05, 2008 Malik