CWP No.14240 of 2007 : 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 17.09.2009 Sarv Mangal Co-Operative House Building Society Limited, Zirakpur, District Patiala (Punjab) through its President. ... Petitioner Versus The State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Shireesh Gupta, Advocate, for the petitioner. Mr.PC Goyal, Addl.AG, Punjab, for respondent No.1. Mr.GS Dhaliwal, Advocate, for respondent Nos.2 and 3. PERMOD KOHLI, J. I have heard the learned counsel for the parties at length. The petitioner is a cooperative society registered on 22.04.1991 under the Cooperative Societies Act. The society purchased certain land vide registered sale deeds dated 24.3.1993 and 12.07.1994 and carved out plots for allotment to its members. It is alleged that the Society has constructed internal roads as also link roads from the Society to the main Highway. It is also mentioned in the petition that on the request of the Nagar Panchayat, Zirakpur to help the society in construction of the link road, the Society agreed for payment of development charges. However, no communication was received from the Nagar Panchayat and, thus, the society on its own constructed internal roads and link roads to the Highway. The petitioner society is aggrieved of the memo dated 03.07.2001 (Annexure P-7) whereby certain colonies have been declared as CWP No.14240 of 2007 : 2 public streets. Besides various other colonies, this document also contains the name of Sarv Mangal Enclave. It is mentioned in the aforesaid memo that for declaring the public streets objections were invited vide office order No.63 dated 26.5.2001 within a period of 30 days under Section 171 of the Punjab Municipal Act, 1911 (hereinafter referred to as “the Act”) and except the Tribune Colony, no objection has been received. Accordingly, the date was fixed for consideration of the claim of the Tribune Colony. This means that the streets of Sarv Mangal Enclave colony have been declared as public streets. The main contention of the petitioner-Society is two folds: (i) that the streets within the Society including the link roads are all private streets carved out and constructed by the Society and are being maintained by the Society except in the link road some bricks were laid by the Nagar Panchayat and (ii) that no notice under Section 171 of the Act, was ever issued to the petitioner. In the reply filed, it is stated that notice under Section 171 of the Act, was published in the Punjabi Tribune Newspaper on 31.05.2001, copy of the same has been placed on record as Annexure R-2/1. From the aforesaid public notice published in the newspaper, it appears that the name of Sarv Mangal Enclave is mentioned. It is contended on behalf of the petitioner that Sarv Mangal Enclave may be some other organisation or Society and not the petitioner society as the name of the petitioner society is Sarv Mangal Cooperative House Building Society Limited, Zirakpur. Hence, no notice was served upon the petitioner and the petitioner has also applied under the Right to Information Act and in response to the information the Nagar Panchayat, CWP No.14240 of 2007 : 3 Zirakpur, vide its reply dated 23.08.2007 (Annexure P-8) has clarified that the Municipal Council, Zirakpur, has declared the streets Sarv Mangal Enclave as Public Streets vide memo No.63 dated 26.05.2001 and not the streets of Sarv Mangal Cooperative House Building Society Limited, Zirakpur. However, in the reply filed by the respondents it is stated that, as a matter of fact, notice was served upon the petitioner, but due to clerical mistake, it is mentioned as Sarv Mangal Enclave. Thus, the contention of the petitioner has been established that no notice was ever served upon the petitioner-Society. Section 171 of the Punjab Municipal Act, 1911 requires that whenever the Municipal Committee considers that in any other street other than a public street, or any part of such street within the municipality, it is necessary, for public health, convenience or safety that any work should be executed, the Municipal Committee may by written notice require the owner or owners of such streets or part thereof. to carry out certain works in a manner and within a time to be specified in such notice and if on such notice owner fails or refuses to carry out the work within the time specified, the Committee may itself execute the work and recover the expenses under Section 81 of the Act. In the latter eventuality, where the work is executed by the Committee, the Committee by serving a public notice declare the street to be a public street and the same shall vest in the Committee. Though the Committee claims to have served a notice upon the petitioner society, copy whereof has been placed on record as Annexure R- 2/1, yet a perusal of the same indicates that this notice is issued to Sarv Mangal Enclave and not to the petitioner society. As a matter of fact, no CWP No.14240 of 2007 : 4 material has been placed on record to indicate that any notice was ever served upon the petitioner society in terms of Section 171 of the Act, either for the purposes for carrying out the requisite work contemplated by Sub Section 1 of Section 171 of the Act, or any notice for declaring it as public street. The action of the respondents is, thus, violative of Section 171 of the Act. In view of the above, present writ petition is allowed. Order dated 03.07.2001 (Annexure P-7), is hereby set aside. The matter is remitted back to the Nagar Panchayat, Zirakpur, with liberty to pass a fresh order after complying with the provisions of Section 171 of the Act. No costs. 17.09.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES