CWP No.891 of 2008 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.891 of 2008 Date of Decision: 4.2.2008 Bibi Harbhajan Kaur etc. ......Petitioners through Mr. NavKiran Singh, Advocate Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN, CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 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 (Oral) CM No. 1849 of 2008 C.M. allowed. Enquiry report be taken on record. CWP No. 891 of 2008 This writ petition has been filed, inter-alia, praying for declaration to the effect that the decision of Gram Panchayat Village Saherhi (respondent No.5) to allow construction of Water Sewerage Treatment Plant in 3 Kanals of land entered in the revenue record as CWP No.891 of 2008 [2] Mustarka Malkan which is the cremation ground of the village since 100 years is bad and against the public interest as it hurts the religious sentiments of residents, and the same should be constructed at the place where the land measuring 9 Kanals 8 Marlas was acquired in 1998 for the said purpose and the same is lying vacant. This petition had originally came up for hearing before us on 21.1.2008. On going through the paper book we found that an enquiry was conducted by Sub Divisional Magistrate, Chamkaur Sahib but the report of same was not placed on the record. Accordingly, we adjourned the case sine-die directing the counsel for the petitioner to place on record the enquiry report of Sub Divisional Magistrate, Chamkaur Sahib. The report has been placed on record. We have perused the report of Sub Divisional Magistrate, Chamkaur Sahib. In the penultimate page of the report, it has been stated as follows:- “Sub Divisional Engineer, Water Supply and Sanitation, Sub Division, Morinda disclosed that Gram Panchayat Saherhi had passed resolution for installation of treatment plant in the cremation ground and only after that, the work for installation of treatment plant was started. Besides on the spot, the contractor started the work eight months back as per the approved design and level. In the village, almost 70% pipe line has been laid. As per the design the pipe line has been given the slope, which is as per the treatment plant. Now at this stage, the pipes cannot be re-laid. The statement of Sub Divisional Engineer, Water Supply and Sanitation, Sub Division Morinda, Block Development and Panchayat Officer, CWP No.891 of 2008 [3] Morinda, Panchayat Secretary, Saherhi and as per the reports and after hearing both the sides and perusal of the records, I have reached to this conclusion that in village Saherhi 70% of the pipes have been laid for the sewerage treatment plant. Record has been perused and it has been found that according to jamabandi of years 2004-2005 of village Saherhi, Hadbast No. 240, Tehsil Chamkaur Sahib, District Rupnagar, Khewat/Khatauni No. 33/35 owner, construction of disposal works at Morinda Khasra No. 37//3/1/(5-15), Gair Mumkin and Khewat Khatauni No. 382/426 construction of disposal work at Morinda. No Khasra 37/11/3/2(3-13) Gair Mumkin, total land measuring 9-8, Gair Mumkin has been registered and the cultivation is of the owners in possession. So for discussion the concerned department will be called.” On the other hand, it has been contended by Mr. Navkiran Singh, learned counsel appearing for the petitioners that when the land was acquired for construction of Sewerage Treatment Plant, some activity of construction was started by the respondents. He has placed reliance on certain photographs filed alongwith this report. He further contended that the work of the plant in question should not be allowed to continue on the cremation ground and alternatively he argued that in the revenue record also, the land on which the Water Sewerage Treatment Plant is now being constructed is a cremation ground and is entered as Mustarka Malkan in the revenue record. We are not in agreement with the arguments advanced by learned counsel for the petitioners. CWP No.891 of 2008 [4] The Gram Panchayat, Saherhi which is an elected body of the villagers has itself passed a resolution for installation of Sewerage Treatment Plant in the cremation ground and as per report of the Sub Divisional Magistrate 70% of the pipe lines have been laid. The Gram Panchayat while passing the resolution must have kept in consideration the sentiments of the villagers. At such a late stage when 70% of the Pipe lines laying work has already been implemented, it is not just for this Court to direct the respondents to shift the Water Sewerage Treatment Plant to some other place only on the ground that some people are aggrieved by the decision of the Gram Panchayat. No public interest is involved. Dismissed. (VIJENDER JAIN) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 4.2.2008 'ravinder'