IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18648 of 2008 Date of Decision: 31.10.2008 Sanjiv Goel and another ….Petitioners Versus State of Punjab and others ….Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Sushil Jain, Advocate for the petitioner ….. T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing respondent No.2 – Haryana Urban Development Authority to close down a 60 feet wide metalled road connecting Sector 20 Panchkula with village Peer Machhalla, District Mohali in the State of Punjab. It also prays for a writ of certiorari quashing the master plan dated 30.10.2006 for Zirakpur in Punjab in so far as the said master plan shows the road in question as a main road. Having heard learned counsel for the petitioners at some length, we are of the opinion that this petition is an utter abuse of the process of this Court. It is common ground that the 60 feet wide metalled road in question has been in use for the past 20 years or so. The only reason which learned counsel for the petitioners urged in support of the prayer for Civil Writ Petition No.18648 of 2008 closure of the road, is that the traffic on the road has increased with the passage of time, resulting in a large number of accidents on this road. In addition, the petitioners who happen to be the owners of residential flats in multi-storyed buildings constructed on either side of the road, are finding the traffic to be a cause of inconvenience to them. Neither of these two submissions has impressed us. Just because on account of extension of the city and extensive development activities on the periphery the traffic on the road in use by the residents of the area for more than two decades past, has increased, is no reason why the same should be closed. So also the ground that number of accidents have taken place over the years on account of density of the traffic, is no reason why anyone living in the vicinity of the road can demand its closure. What is important is that the petitioners have purchased their flats much after the road in question was constructed and made a thorough-fare. Having bought their properties with their eyes open, they cannot now be heard to say that density of the traffic on roads affects the quality of their lives. The public interest which the petitioners purport to espouse is only a pretence as the real intention underlying the filing of this petition appears to be something different. We cannot however allow the process of this Court to be abused for any such reason. In the result, this writ petition fails and is dismissed with costs assessed at Rs.5,000/-. Costs to be deposited in Punjab and Haryana High Court, Legal Services Committee within two weeks from today, failing which the Registry shall put up the papers for orders to enforce recovery. (T.S.THAKUR) CHIEF JUSTICE 31.10.2008 (JASBIR SINGH) gk JUDGE 2