CWP No. 10440 of 2011 -1- In the High Court for the States of Punjab and Haryana at Chandigarh CWP No. 10440 of 2011(O&M) Date of decision: 22.11.2011 Satwinder Pal Singh ...... Petitioner Versus State of Punjab & others ...... Respondents Coram: Hon’ble Mr. Justice M.M. Kumar Hon'ble Mr. Justice Rajiv Narain Raina **** Present : None. **** 1. To be referred to the reporters or not ? 2. Whether the judgment should be reported in the digest? Rajiv Narain Raina,J. 1. The complaint in this petition filed by way of Public Interest Litigation is that the Municipal Council, Guruharsahai, Tehsil Jalalabad, District Ferozepur, has accorded permission for construction of a high rise building between streets No 8 & 9 falling in Khasra No.164, which is a residential area. The purpose of the building is commercial and there is a play way school for small children near the building and that its presence would be harmful and hazardous to the children and residents of the locality. The further complaint is that the permission to construct building is upto five floors and the building is in fact being constructed consisting of seven floors, while the application for approval of the building was for six floors. Photographs of the building under construction have been placed on record. A response to a request under the Right to Information Act, 2005 received has been placed on record (P-2). The request has not been made CWP No. 10440 of 2011 -2- by the petitioner but by one Simarjit Singh, who is not a petitioner before this Court. However, it has been informed by the PIO of Municipal Council, Guruharsahai that the total area of the building would be 7664 square feet and the total fee of Rs. 69403/- has been received from the owners of Khasra No. 164 i.e. Ashok Kumar and Ravi Kumar son of Sh. Ram Nath. The approved user of the private land is for commercial purpose and a ‘No Objection Certification’ has been issued by the Municipal Council vide letter No. 261 dated 14.1.2011 for erection of the building in favour of private owners. The petitioner has placed on record a representation to the Deputy Commissioner, Ferozepur praying for stalling the construction of the building in the residential area. That request appears to be signed by one Krishan and Rajiv Kumar residents of Ward No. 8, Mandi Guruharsahai who are also not petitioners before us. The request is dated 5.4.2011. In these premises the petition has been filed. A cursory look at the photographs placed on the record confirms that the building above the ground is not more than five floors. We assume that there must be a basement in absence of any pleading to the contrary. We find that the building stands constructed after due permissions and NOC by Municipal Council, Guruharsahai and the validity of the grant of ‘No Objection Certificate’ has not been challenged in the petition. Mere rhetoric would be of no help. Merely because there is a play way school nearby the construction would not per se endanger life of children or passers by. The main prayer in the petition is for issuance of a writ of mandamus to the civil authorities to stop the construction of the building. The building stands constructed. The prayer is infructuous. The petitioner appears to be driven by personal and private interest. No public injury has been demonstrated sufficient for this Court to take cognizance and issue process to the respondents. The petitioner is neither party to the request under RTI CWP No. 10440 of 2011 -3- and nor a complainant before the Deputy Commissioner, Ferozepur. We have serious doubts as to his locus standi. He seems to have gathered documents from here and there, put them together in a half baked petition and rushed to this Court in the name of public interest. Though we are conscious that any construction of the kind witnessed in the photographs would cause some public inconvenience during the period of construction but that is not enough for us to interfere. It shall pass. The petition does not qualify as PIL. We find no merit in it and dismiss it accordingly. (M.M.KUMAR) (RAJIV NARAIN RAINA) JUDGE JUDGE November 22, 2011 ‘sp’