CWP No. 16204 of 2006 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 16204 of 2006 Date of Decision: 03.08.2009 District Bar Association, Ludhiana and another ..Petitioners versus Punjab State Electricity Board and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Sumit Mahajan, Sr. Advocate with Mr. S.L.Bhalla, Advocate for the petitioners Mr. S.S.Brar, Advocate for respondents No.1 and 2 Mr. O.S.Batalvi, Advocate for respondent No.3. Mr. Rupinder Khosla, Addl. A.G. Punjab for respondent No. 4 ***** T.S.Thakur, C.J. (Oral) This writ petition has been filed by the District Bar Association, Ludhiana and Shri Ajay Kumar Jindal, Advocate, its CWP No. 16204 of 2006 [2] President. It prays for a mandamus directing the respondents to pay the electricity and water charges of Bar Room, Bar Library, Office of the Bar Association and the bar lounge. It also prays for a direction that the electricity charges for the Bar Room, Bar Library, office of the Bar Association and also the chambers of the lawyers, be charged at non commercial rates. A direction that all the Court Rooms situated in the District Boar Complex be air-conditioned, has also been prayed for. During the pendency of these proceedings, the petitioner- association filed CM No. 2079 of 2008 placing on record certain photographs of the parking area in front of Ludhiana Court Complex which area was not according to the petitioners being maintained properly or metaled to prevent inconvenience to the members of the Bar and the litigants using the same. In response to a notice issued by this Court, Chief Engineer (Buildings), Punjab, P.W.D. (B&R), Chandigarh has filed an affidavit inter-alia stating that Kachha Parking Lot in front of the Judicial Courts which used to become slushy during the rainy season making movement of the vehicular traffic very difficult and causing inconvenience to the common man, has since been metaled at an expense of Rs. 54.19 lacs. The affidavit also states that Parking Lot on the back side of the Judicial Courts Complex which was also in a shabby condition was taken up and completed at an expense of Rs. 4.85 lacs. In addition, a public waiting RCC Shed was constructed at Judicial Courts Complex under Member of Parliament-Local Area Development Scheme at an expense of Rs. 4.91 lacs. The construction of a Bakshi- Khanna with a capacity of 150 prisoners was also undertaken and CWP No. 16204 of 2006 [3] completed at an expense of Rs. 5.50 lacs. The existing Committee Room of the Courts Complex was renovated by replacing the old flooring with Vitrified Tiles at an expense of Rs. 1.50 lacs and that the annual maintenance of the Courts Complex is being done on regular basis as and when desired by the District & Sessions Judge, Ludhiana. Mr. Khosla today submits on instructions that a proposal for air-conditioning of the Court-Rooms at Ludhiana has already been forwarded to the Building Committee of the High Court within estimate of Rs. 78.06 lacs. He urged that as and when the Building Committee grants requisite approval, the air-conditioning work in Court-Rooms shall be taken up on priority basis. As regards the rates of electricity charges, Mr. Khosla submitted that the issue could be separately raised in individual petitions to be filed by those aggrieved of such rates. He urged that the present petition could be disposed off giving liberty to the aggrieved members of the Bar to file a separate petition for enforcement of their individual rights or to seek appropriate redress before the competent authority in accordance with the statutory provisions on the subject. From the affidavit filed before us by the Chief Engineer and the submissions made by Mr. Khosla, we are satisfied that most of the difficulties arising out of neglect or apathy of the authorities towards urgent developmental work required in the Court Complex have been satisfactorily removed. The air-conditioning of the Court- Rooms, however, is a matter that is engaging the attention of the Building Committee. We hope and trust that the Building Committee would examine the proposal and grant the requisite approval for the CWP No. 16204 of 2006 [4] said part of the work also. As regards the electricity charges payable by the members of the Bar for the consumption of their chambers, we do not propose to examine the said part of the controversy in the present proceedings which are filed in public interest. This would, however, not prevent the aggrieved members of the Bar or any one else from filing a suitable petition in his own right and challenging the electricity charges or the rates, if so advised, in this Court or before any other Forum permissible under law. The writ petition is with the above directions and observations disposed of leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 03.08.2009 'ravinder'