IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 19016 of 2005 (O&M) Date of Decision: 22.1.2009 Kajheri Residents Welfare Society ....Petitioner Versus Union of India & others .....Respondents CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers 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? Present: None for the petitioner. Shri Anupam Gupta, Senior Standing Counsel, U.T., Chandigarh. Shri K.K. Gupta, Advocate, for Municipal Corporation, Chandigarh. T.S. Thakur, C.J. (Oral). CM No.1207 of 2009. Status report is taken on record and CM disposed of. CWP No. 19016 of 2005. In this petition filed in public interest, the petitioner prays for a mandamus directing the respondents to provide basic amenities, healthier, hygienic pollution free environment to the residents of village Kajheri, Sector 52, Chandigarh. Certain other directions, like prevention of environment degradation by illegal encroachments spreading toxic waste etc., have also been prayed for. When the petition came up for hearing before us on 5.9.2008, learned counsel for the U.T., Administration sought further time to file a status report. We had granted the time prayed for with the direction that the CWP No. 19016 of 2005 (2) same should, in particular, indicate whether water supply system, tubewells, booster, sewerage disposal system and storm drainage system, are still being operated and maintained by the Engineering Wing of the Chandigarh Administration, instead of being handed over to the Municipal Corporation, Chandigarh despite issue of the notification dated November 16, 2006, extending the limits of the Municipal Corporation to include village Kajheri and a few other villages within the Municipal area. The status report filed pursuant to the said direction, inter-alia, points out that the work of cement concrete paving and conversion of open drains into underground RCC storm pipe line at village Kajheri, undertaken by the Public Health Wing of the Engineering Department of Chandigarh Administration was completed on 30.3.2007 and handed over to the Executive Engineer, Municipal Corporation, with effect from 1.4.2007. Similarly, the work relating to boring/installing of a tubewell for existing water supply system at village Kajheri, was executed by the said Department and completed on 31.10.2006. The same was also handed over to the Sub Divisional Engineer, Municipal Corporation, Water Supply, Chandigarh, with effect from April, 2007. The status report further states that the work of providing 18” internal dia for connection of sewer line Kajheri to 3rd Phase in Sector-52, Chandigarh, was completed on 30.3.2003 and the same was also handed over to the Executive Engineer, Municipal Corporation vide memo No. 4452 dated 28.3.2007. Even the work of channelization of N-Choe by stone pitching passing through village Kajheri, was completed on 30.6.2007, but since the work does not relate directly to village Kajheri, it was not required to be handed over to the Municipal Corporation. As regards the construction of Civil Dispensary in village Kajheri, the status report states CWP No. 19016 of 2005 (3) that the same was completed on 7.2.2007 and handed over to the Medical Officer, General Hospital, Sector 16, Chandigarh on 23.3.2007. Even the work relating to additional 200 KVA transformer was completed during 2005, but since the same relates to the Electricity Wing of the Engineering Department, Chandigarh, the same was not required to be handed over to the Municipal Corporation. The street light points provided in village Kajheri are, however, in working order. As regards the construction of the Centre for Rag Dealers, the Administration appears to have tendered the same as many as 14 times, but no tenders were received in response thereto. Shri Gupta, submits that whatever is required to be done in regard to the construction of Centre for Rag Dealers, will also be examined and suitable action taken, in near future. In the circumstances, therefore, and keeping in view the fact that most of the items of work required to be done by the Administration, were completed in a good time and were transferred to the Municipal Corporation, we see no reason to keep this petition pending with us, especially when no-one has appeared on behalf of the petitioner although the matter was passed over in the morning session. The present petition is, accordingly, disposed of. Liberty is, however, reserved for the petitioner to seek revival of these proceedings, if the need so arises. No costs. (T.S. THAKUR) CHIEF JUSTICE (HEMANT GUPTA) JUDGE 22-01-2009 ds