CWP No. 5191 of 2007 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 5191 of 2007 Date of Decision: 21.10.2008 Parhlad and others ..Petitioners versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH 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. Dinesh Kumar Jangra, Advocate for the petitioners Mr. Rameshwar Malik, Addl. A.G. Haryana for respondents No.1 and 3 to 5 Mr. Arun Walia, Advocate for respondent No.2 Mr. C.B.Kaushik, Advocate for respondents No. 6 to 8. ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to construct a female public toilet in village Dinod under “ Sampuran Gramin Swachhta Karyakaram” in terms of a resolution passed by the panchayat of the area. In the counter affidavit filed on behalf of respondents No.1 and 3 to 5, it is, inter-alia, stated that Gram Panchayat had provided a site for construction of Woman Sanitary Complex in village Dinod, District Bhiwani in terms of resolution No. 3 dated 20.8.2005. Some dispute regarding the construction of complex at the said site, however, arose amongst the villagers thereby preventing the start of the construction work. The Gram Panchayat then decided to identify a new site in terms of Resolution No. 2 dated 13.7.2006 to construct the complex in the afore mentioned khasra No. 502 at Dhani Mahu Road which CWP No. 5191 of 2007 [2] is situated on the outside of the village and sent the said resolution to Deputy Commissioner, Bhiwani (respondent No.3 in the writ petition). Respondent no.3 has on receipt of the said resolution directed construction of a complex at the new site identified by the Gram Panchayat. The construction work has also started at the said site. The counter affidavit goes on to state that petitioners No. 4,5,6 and 8 had participated in both the meetings of the Panchayat mentioned above and affixed their signatures/thumb impressions on the proceedings of the Panchayat. They have, therefore, no locus standi to file the present petition. Mr. Kaushik, learned counsel appearing for respondent no.6 who happens to be the Sarpanch of the village submits that the Sanitary Complex has already been constructed. Even Mr. Malik, learned counsel appearing for respondents No.1 and 3 to 5 submits on the basis of the averments made in the counter affidavit that construction work having been started some where in July,2007, the same must have been completed by now. In the circumstances, therefore, and keeping in view the fact that the construction of the complex has already been undertaken and might have been completed by now, there is nothing left further for determination in this petition. Learned counsel for the petitioners, however, submitted that the complex constructed at the new site is not in accordance with the scheme framed by the Government. Two earlier Toilets are also located in the very same ward in which the new complex has been constructed. The need for construction of a Toilet complex in Wards No.1 to 4 of village Dinod, therefore, remains wholly unsatisfied. CWP No. 5191 of 2007 [3] We are not impressed by that submission made by the learned counsel. Whether or not there is any need for a Toilet Complex in Wards No.1 to 4 is a matter for the Pancyayat to decide. If the Panchayat on an assessment of the need of the villagers feels that another complex needs to be constructed in Wards No.1 to 4, the dismissal of this petition will not prevent it from taking appropriate steps and providing such a complex even in those wards. As at present, it is difficult for us to hold that the complexes which the authorities have constructed would not satisfy the needs of the residents of Wards No.1 to 4. It is noteworthy that petitioners No.1 to 11 are all members of village Panchayat Dinod. They are, therefore, in a position to pass an appropriate resolution and take up the matter at the appropriate level for construction of any other complex, if need for such complex, exist and funds for the same are available with the authorities concerned. With the above observations, this writ petition is disposed of but in the circumstances without any order of costs. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) 21.10.2008 JUDGE 'ravinder'