IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18952 of 2006 Date of decision: 23rd November, 2009 M/s Kamla Dials and Devices Ltd. … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Munish Gandhi, Advocate for the petitioner. Mr. Manohar Lall, Addl.A.G., Punjab for respondent Nos.1, 2, 4 and 5. Mr. Harit Sharma, Advocate for respondent No.3. Mr. Anand Chhibber, Advocate for respondent No.6. Mr. G.S.Attariwala, Advocate for respondent No.7. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed by M/s Kamla Dials and Devices Ltd. It is prayed in the writ petition that the respondents be directed to implement norms/guidelines regarding the infrastructure, to which Free Enterprise Zone is entitled to. In other words, prayer of the petitioner is that all roads, which have Free Enterprise Zones, are required to be minimum 20 meters, i.e. 60 feet wide. It is averred in the writ petition that the respondents have failed to ensure the width of road as prescribed for access to the petitioner company. This writ petition was instituted in the month of November, 2006. A Division Bench of this Court had passed various interim orders, including appointment of Local Commissioner. On 27th November, 2008, a Division Bench of this Court passed the following order: “During the course of arguments it has transpired from the reply filed by respondent Nos. 1 and 5 i.e. Chief Town Planner, Department of Town and Country Planning, that Civil Writ Petition No.18952 of 2006 according to the guidelines dated 21.9.2004, norms for laying the road have been fixed and a copy of the guidelines have been placed on record as Annexure R-3. According to clause 2(C) of the guidelines, standard road cross sections approved by PUDA shall be followed by all the colonizers. No road in a colony would be less than 35 ft. wide. Approach road within and outside the colony would not be less than 45 ft. in case of colony with an area less than 10 acres and 60 ft. in case of colony which is more than 10 acres but upto 50 acres and so on and so forth. Respondent No.6 is building the colony over an area of 10 acres and was required to have standard road cross section of 60 ft. The Municipal Council, Derabassi, in its reply has stated that the application for sanctioning of site plans from respondent No.6 was received on 3.3.2005 and approval was accorded after forwarding the application to the office of the Town Planner, Local Government Department, on 13.6.2005 (R-4). It is not understood as to how any clearance could have been given without insisting on the norms fixed on 21.9.2004 (Annexure P-3 with the written statement filed by respondent Nos.1 and 5). Mr. Suvir Sehgal, learned Additional Advocate General, Punjab requests for some time to seek instructions how this lapse has been committed. List again on 5.12.2008. In the meanwhile, Mr.Chhibbar, learned counsel for respondent No.6, may also file any additional pleadings with copy in advance to the learned counsel for the petitioner. A copy of the order be given to learned State counsel under the signatures of the Court Secretary.” Thereafter, another Single Bench of this Court, on 16th February, 2009, passed the following order: “Learned counsel for the parties have been heard at some length. It indeed cannot be disputed that the policy decision requiring 60 feet wide roads, needs to be strictly 2 Civil Writ Petition No.18952 of 2006 implemented. In order to enable the Municipal Committee, Derabassi or the Competent Authority in the State Government to sort out the modalities for implementation of the said decision and as prayed for by learned State counsel who is representing the Municipal Committee also, adjourned to 23.03.2009. Meanwhile, all constructions by any builder/developer within the municipal limits of Derabassi abutting any approach road, shall remain stayed, unless 60 feet wide road has been left at the spot. The Sub Divisional Officer (Civil) and the Municipal Authorities, Derabassi are directed to ensure compliance of this order. Let a copy of this order be handed over to learned State counsel, for information and necessary compliance.” A similar writ petition seeking same relief was also filed by M/s Saboo Coatings Limited and M/s KDDL Limited bearing CWP No.1227 of 2009. That writ petition, on February 16, 2009, was ordered to be heard along with the present petition. In CWP No.1227 of 2009, on 23rd March, 2009, a Single Bench of this Court passed the following order: “Mr. G.S. Attariwala, learned Additional AG, Punjab, who is also representing the Municipal Council, Derabassi, has filed a status report in the connected case bearing CWP No.18952 of 2006. The affidavit of the Executive Officer of the Municipal Council does indicate that all the builders/developers to whom licenses have been granted within the municipal limits of Derabassi, have been directed to comply with the order dated February 16, 2009 passed by this Court. Mr. G.S. Sandhu, Executive Officer, who is present in Court, undertakes that no-one shall be permitted to raise construction in violation of the above-stated order. During the course of hearing it transpires that there is complete lack of coordination between the government departments and/or corporations/municipal authorities who are directly concerned with the implementation of the 3 Civil Writ Petition No.18952 of 2006 government policy requiring 60 feet wide roads. It appears that unless a joint meeting of all the departments/municipal bodies/councils is held, the aforementioned policy decision cannot be implemented effectively. Consequently, the Principal Secretary, Local Government Department, Government of Punjab is directed to convene a meeting to be attended by: 1. Secretary, Housing and Urban Development; 2. Director, Industries, Government of Punjab; 3. Director, Local Bodies, Government of Punjab; 4. Chief Administrator, PUDA; 5. Chief Administrator, GMADA; 6. Chief Town Planner, Government of Punjab; 7. Chief Town Planner, Local Bodies, Government of Punjab; 8. President and Executive Officer of the Municipal Council, Derabassi; 9. President and Executive Officer of the Municipal Council, Zirakpur. It is directed that the meeting shall be convened before the adjourned date and a meaningful decision to ensure that no road with less than 60 feet width shall be constructed and/or the width of the existing roads shall also be accordingly widened, will be taken. The modalities for implementation of the said decision shall also be decided and brought before this Court. Adjourned to 09.07.2009. Let a copy of this order be handed over to learned State counsel for information and necessary action.” On 18.11.2009, this Court has passed the following order: - “Mr.Anil Kumar Sharma, Additional Advocate General, Punjab on instructions from Mr.Manav Jain, Assistant Town Planner has submitted that for Dera Bassi master plan has been notified on 13.11.2009. Counsel state that master plan is to be implemented by the State Government. He pray an adjournment to seek necessary instruction from the 4 Civil Writ Petition No.18952 of 2006 concerned quarters to make a statement that within how much period the master plain will be implemented. On request, adjourned to 20.11.2009.” Today Mr. G.S.Attariwala has filed an affidavit of Mr.Bhushan Aggarwal, Executive Officer, Municipal Council, Dera Bassi. In para-7 of the affidavit, Executive Officer, Municipal Council, Dera Bassi stated as under: - “That in the meeting dated 22.11.2009, the deponent was directed to immediately start the legal process for widening of Haibatpur Road to 60 feet as per the provisions of the Master Plan. The deponent apprised the committee, that as per revenue record, the width of Haibatpur Road is five karams i.e. approximately 24 feet. The deponent also apprised that there are 30 constructions on Haibatpur road and most of the constructions on this road had taken place before the inclusion of the area within the Municipal Limits. It is most humbly submitted that out of these 30 constructions only 6 constructions have come up after inclusion of area within Municipal Limits. It was also apprised that process of making the Haibatpur road 60 feet has already been started and widening has already been executed in front of 2 projects.” Along with the affidavit, proceedings of the meeting held under the Chairmanship of Sh.D.S.Bains, IAS, Principal Secretary, Department of Local government on 22.11.2009 have been placed on record. Minutes of the meeting read as under: - “Further it has also been informed by the Department of Housing & Urban Development that as per section 2(m) of the Punjab Regional & Town Planning & Development (Amendment) Act' 2006, in case of Municipal areas, the Municipal Council, Derabassi is the Authority Competent for implementation of the Master Plan, Derabassi. 5 Civil Writ Petition No.18952 of 2006 As far as widening of the Haibatpur road to 60 feet as per the Master Plan provisions is concerned the Executive Officer should initiate the legal process immediately. It was apprised by the Executive Officer in the meeting that as per revenue record the width of the Haibatpur road is 5 karam. There are total 30 constructions on Haibatpur road and most of the constructions on this road had taken place before the inclusion of the area within municipal limits except 6 constructions which have come up after inclusion of the area within municipal limits. The process of making the Haibatpur road 60 feet has already been started and widening has already been executed in front of 2 projects. Executive Officer further informed that for implementation of the Master Plan provisions to widen Haibatpur road may take at least 1 year as fair opportunity is required to be given for removal of the structures after following due legal procedure. After detailed deliberations it was decided that Executive Officer, Municipal Council, Derabassi may apprise the Hon'ble Court that for implementation of the Master Plan, henceforth all the projects/development will be allowed in accordance with the Master Plan provisions and to widen the Haibatput road to 60 feet necessary action will be initiated immediately to ensure implementation within 1 year after following due legal procedure. The meeting ended with a vote of thanks to the chair.” Mr.G.S.Attariwala on instructions from Mr.Bhushan Aggarwal, Executive Officer, Municipal Council, Dera Bassi, states that to implement a decision of the committee for widening the road to 60 feet, needful shall be done within one year from today. Counsel for the petitioner states that present civil writ petition be disposed of in view of the statement made by Mr.Bhushan Aggarwal, Executive Officer, Municipal Council, Dera Bassi. 6 Civil Writ Petition No.18952 of 2006 Present civil writ petition is disposed of in view of statement made by Mr.Bhushan Aggarwal, Executive Officer, Municipal Council, Dera Bassi. [KANWALJIT SINGH AHLUWALIA] JUDGE November 23, 2009 shamsher/rps 7