CIVIL WRIT PETITION NO.7298 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: MARCH 18 ,2011 Dharma .....Petitioner VERSUS Gram Panchayat, Village Dohar, District Kaithal and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Aman Pal, Advocate, for the petitioner. Mr. Arvind Singh, Advocate, for respondent No.1. Mr. S.S.Pattar, DAG, Haryana, for the State. Mr. Rajinder Goyal, Advocate, for respondent No.4. **** RANJIT SINGH, J. The petitioner has filed this writ petition for issuing an appropriate direction to the respondents not to allow respondent No.4 to run the brick-kiln as it is violating the norms and, thus, putting the life and property of the residents in danger. In response to notice, reply is filed. During pendency of the petition, the case was adjourned to see in case if some alternative site could be provided to respondent No.4. Initially, the Panchayat was reluctant to provide an alternative site. Ultimately, this CIVIL WRIT PETITION NO.7298 OF 2008 :{ 2 }: Court passed a detailed order on 26.11.2010. Deputy Commissioner, Kaithal, was directed to identify an alternative land to accommodate the Panjava at place away from locality to enable the residents of the locality to live in peace. Directions were issued to the Sarpanch of the Gram Panchayat, Village Dohar, to fully associate and cooperate with the Deputy Commissioner in identifying the land. The detailed order is as under:- “Petitioner is a resident of village Dohar, Tehsil & District Kaithal. He has constructed a house in the village. It is alleged that respondent No.4 has established a brick kiln on the panchayat land and the house of the petitioner is within 200-300 meters of the brick kiln. It is alleged that the working of the brick kiln creates pollution and is hazarduous for the life and health of the villagers, who are residing nearby. The petitioner approached the Gram Panchayat for shifting of the brick kiln but without any response. Petitioner also moved an application under Section 133 Cr.P.C to the S.D.M, Kaithal who sought report from the B.D.P.O. A copy of the report dated 16.4.2008 has been placed on record. B.D.P.O has reported that land measuring 9 kanals and 18 marla is a gair mumkin panjava, where the persons belonging to Kumhar community are carrying on the work of baking the bricks and pitchers. He has also reported that on the South-West side of the brick kiln abadi is at a distance of 200-300 meters and if the wind blows in the same CIVIL WRIT PETITION NO.7298 OF 2008 :{ 3 }: direction there is a danger of breaking fire. Based upon the aforesaid report, the petitioners have filed this petition seeking a direction to stop the working of the brick kiln. This Court vide its order dated 23.3.2009 had asked the S.D.O (Civil), Kaithal and the Gram Panchayat to find an alternative place. S.D.O (Civil), Kaithal has reported that the effective solution lies in exchange of the subject land with equal size of land of a willing villager. The Gram Panchayat, however, refused to shift the land. A copy of the resolution dated 26.7.2009 was placed before this Court. From the reading of the resolution it appears that the Gram Panchayat seems to be adamant notwithstanding the fact that a number of houses have come up near the Panjava on account of extension of the habitation in the village. The attitude of the Gram Panchayat is totally unwarranted and it seems that the Gram Panchayat is bent upon to defy even the suggestions of this Court. Under the given circumstances, it is deemed appropriate that Deputy Commissioner, Kaithal be directed to identify an alternative land to accommodate the Panjava at place away from the locality to enable the residents of the locality to live in peace. Sarpanch of the Gram Panchayat of village Dohar will fully associate and cooperate with the Deputy Commissioner in identifying the land. CIVIL WRIT PETITION NO.7298 OF 2008 :{ 4 }: Copy of this order be served upon the Deputy Commissioner, Kaithal as also the Sarpanch of the Gram Panchayat. Let the report of the Deputy Commissioner be filed within a period of six weeks. List on 7.2.2011. Copy of this order be given to Mr.R.D.Sharma, D.A.G., Haryana and Mr.Arvind Singh, Advocate for respondent No.1 under the signatures of Court Secretary.” Pursuant to the above order, status report was filed before the Court on 7.2.2011. As per the report, Block Development and Panchayat Officer had been directed to make arrangement of alternative land in consultation with Gram Panchayat, Dohar. It was then resolved to provide an equal alternative land for Panjava measuring 9 kanals 18 marlas at a distant place from locality of Village out of its land comprised in Khewat No.262 Min, Khatauni No.430, Khasra No.90/3 (68K-10M Gair Mumkin Johar). The petitioner was given time to ascertain if this land would be suitable for the purpose. Counsel for the petitioner today submits that this land would be suitable. Accordingly, the present writ petition is disposed of with a direction to the Panchayat to earmark this land for the Panjava and the existing Panjava be shifted to the said place. March 18,2011 (RANJIT SINGH ) khurmi JUDGE