C.W. P. No. 6156 of 2004 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W. P. No. 6156 of 2004 Date of decision : 27.3.2008 Shastri Nagar Kanch Ghar Sudhar Sabha Regd. .....Petitioner Through Mr. Atul Lakhanpal, Senior Advocate with Ranjan Lakhanpal, Advocate. Versus State of Haryana and others Through Mr. Rameshwar Malik, Addl. Advocate General, Haryana and Mr. Piyush Bansal, Adv. .....Respondents CORAM : Hon'ble Mr. Justice Vijender Jain, Chief Justice. Hon'ble Mr. Justice Jaswant Singh, Judge. 1. Whether Reporters of Local Newspapers 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? VIJENDER JAIN, CHIEF JUSTICE This writ petition has been filed by the petitioner, inter-alia, praying that a writ of Mandamus be issued directing the respondents to develop the open space as public parks in T.P. Scheme A-2 sanctioned by the Government of Haryana under Sub Section 3 of Section 182 of the Punjab Municipal Act, 1911. Learned counsel appearing on behalf of the petitioner contended that the Government had issued a notification Annexure P-1, in which it was stated that the land reserved for widening of public streets and public open spaces as per (a) and (b) of the table above, shall stand transferred to the Committee immediately or at a subsequent date as may be required of by the Committee. The counter affidavit has been filed in response to the averments C.W. P. No. 6156 of 2004 -2- **** made in the writ petition on behalf of respondents no.1 and 2 by the Deputy Commissioner, Ambala, in which reliance has been placed upon notification Annexure P-1 and on that basis it is stated that the Government had ear- marked the land for parks and the said Scheme/notification empowers the Municipal Council to develop the land reserved for the above said purpose. In the counter affidavit filed by respondent- Municipal Council, Ambala City, the stand taken was that the land meant for park and public open spaces has not been transferred so far to the Municipal Committee by the Revenue Department. We have failed to understand that when the Municipal Committee itself have the power to develop the land ear-marked for parks and reserved for widening of streets and the same has been transferred to the Committee by the Government vide notification Annexure P-1, why the Municipal Committee is waiting for transfer of land by the Revenue Department. The obligation to maintain and develop the parks and to widen the public streets/roads lies with the Municipal Committee. Therefore, we direct the Municipal Committee, Ambala to take action forthwith in consonance with notification Annexure P-1 and to develop the open spaces as public parks within a period of three months. If there is any impediment by the other respondents, liberty is granted to the Municipal Council, Ambala to approach this Court. The writ petition is disposed of with the aforesaid directions. (VIJENDER JAIN) CHIEF JUSTICE March 26, 2008 (JASWANT SINGH) JUDGE Pka C.W. P. No. 6156 of 2004 -3- ****