C.W.P NO. 5144 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5144 OF 2007 DECIDED ON : 15.05.2009 Sanawar Montessori School ...Petitioner versus Chd. Admn. And others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. R. D. Sehgal, Advocate, for the petitioner. Mr. Rajesh Garg, Advocate, for U.T Administration. Mr. Sanjeev Ghai, Advocate, for respondent No.2. Mr. G. S. Attariwala, Additional Advocate General, Punjab. SURYA KANT, J. (ORAL) The petitioner seeks a direction to the respondents to remove Sehaj Safai Kendra (SSK), Sector-11/A, Chanidgarh, installed between the premises of two schools and resulting into the alleged blockage of Cycle Track. Notice of motion was issued and in response thereto, the respondents have filed their counter-affidavits to which replication has also been filed by the petitioner-School. C.W.P NO. 5144 OF 2007 -2- On the last date of hearing it was observed that the foul smell emanating from the waste garbage lying in the bins of SSK may adversely affect the health of tiny tots studying in the adjoining school. The Medical Officer of the respondent-Municipal Corporation who was present in Court, assured that necessary remedial steps in this regard shall be taken immediately. In compliance thereto, learned counsel for the respondent-Corporation has placed on record an order dated 01.04.2009, whereby the Corporation has prescribed the protocol to be implemented with immediate effect in respect of Sehaj Safai Kendras. The afore-mentioned order is Mark-A and taken on record. Learned counsel for the petitioner, however, still urges that the Sehaj Safai Kendra (SSK) is liable to be shifted from the present site. Suffice it to say that the Sehaj Safai Kendra is one of the essential services need to be provided to the residents of every Sector in Chandigarh as that is the only place where the entire garbage collected from different houses is dumped temporarily before it is taken to the dumping ground outside the City on the same day. The Sehaj Safai Kendra has to be, therefore, essentially located within the sector only to maintain the hygienic conditions in the City. The petitioner's prayer for shifting of Sehaj Safai Kendra away from the school, when no other suitable alternative site has been pointed out, cannot be entertained. C.W.P NO. 5144 OF 2007 -3- The writ petition is accordingly disposed of with a direction to the respondent-Corporation to meticulously comply with the order dated 01.04.2009, referred to above. The petitioner has also made some grievance regarding construction of wall of the Sehaj Safai Kendra. It is directed that the wall, if any, be constructed/raised as per the sanctioned site plan. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MAY 15, 2009 (SURYA KANT) shalini JUDGE