C.M. No. 244 of 2010 and C.W.P. No.1160 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 244 of 2010 and C.W.P. No.1160 of 2010 Date of decision: 12.01.2011 Darshan Singh Salaria ......PETITIONER VERSUS Union of India and others ….. RESPONDENTS CORAM:HON’BLE THE ACTING CHIEF JUSTICE RANJAN GOGOI HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Balwinder Singh, Advocate, for the petitioner. Mr. O.S.Batalvi, Advocate, for respondents No. 1, 2 and 4. Ms. Madhu Dayal, Addl. A.G. Punjab, for respondents No. 3 and 5. *** RANJAN GOGOI, ACJ (Oral) C.M. No. 244 of 2010 C.M. is allowed. Replication is taken on record. CWP No. 1160 of 2010 This Public Interest Litigation has been filed seeking a writ of mandamus directing and commanding the respondents to allow the public at large to use the road on land which has been acquired in the year 1987 C.M. No. 244 of 2010 and C.W.P. No.1160 of 2010 2 and is now a part of the Air force base at Pathankot. Alternatively, it has been prayed that another road be provided to such persons. 2. In the reply filed by the Union of India, the feasibility of use the road by the members of the public has been negatived by stating that the same would amount to compromising with the security of the vital defence installations that are located in the place which is close to the international border with Pakistan. 3. If the land, on which there was earlier a road which was used by the members of the public, has now become a part of defence base and ingress of the members of the public has been considered necessary to be prohibited, we do not see how the Court can interfere and issue a writ of mandamus. In fact, the writ prayer should be refused, which we hereby do. However, there can be some substance in the alternative prayer made by the petitioner that is for another road The petitioner will be at liberty to raise a demand for such alternative road before the competent authority of the State, if they are so advised. 4. The Public Interest Litigation stands disposed of in above terms. ( RANJAN GOGOI ) ACTING CHIEF JUSTICE ( AUGUSTINE GEORGE MASIH ) JUDGE January 12, 2011 pj