OM PARKASH Vs. MUNICIPALITY BHATINDA

JUDGEMENT

(1.) CIVIL Writ Petitions Nos. 2342, 4097, 4098 of 1977; 1424, 1757, 2973, 2974; 2983, 3013; 3916, 4203, 4624, 5176 of 1978; 106, 226, 621; 2358 and 2046 of 1979, are being disposed of by this common judgment as the questions of law involved in all these writ petitions are common. In all the writ petitions, the Town Planning Schemes framed by Municipal Committees, Amritsar and Bhatinda, under S. 192 of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act) are sought to be impugned on various grounds. In C. W. P. No. 1757 of 1978, the Town Planning Scheme framed by the Municipal Committee, Amritsar, vide notification dated 19th Jan. , 1976, and approved by the Governor of Punjab on 31st March, 1976, vide Annexure 'p-3', is sought to be impugned. In C. W. P. No. 4039 of 1977 and C. W. P. No. 4624 of 1978, the Town Planning Schemes framed by the Municipal Committee, Bhatinda and approved by the Governor of Punjab vide order dated 25th February, 1977, are sought to he impugned. In C. W. P. Nos. 2342 and 4097 of 1977; C. W. P. Nos. 3083, 4203, 5176 of 1978; C. W. P. Nos. 186, 226, 621 and 2350 of 1979. the Town Planning Schemes framed by the Municipal Committee, Bhatinda, and approved by the Governor of Punjab vide order dated 1st March, 1977, are sought to be impugned. In C. W. Ps. Nos. 1424, 2973, 2974, 2983, 3916 of 1978 and C. W. P. No. 2846 of 1975, the Town Planning Schemes framed by the Municipal Committee, Bhatinda, and approved by the Governor of Punjab vide order dated 1st/2nd March, 1977, have been sought to be impugned.

(2.) THE common question of law involved in all these cases is the challenge to the vires of the provisions of sub-s. (c) of S. 192 (1) of the Act. The Act was enacted in 1911 to make better provisions for the administration of Municipalities in Punjab. Section 3 in Chap. I deals with the definitions. Chapter II of the Act deals with the, Constitution of Municipalities. Chap. III deals with the Constitution of Committees. Chapter IV deals with Municipal Fund and Property, whereas Chap, V deals with taxation. Chapter VI provides for Municipal Police and Chap. VII makes provision for extinction and prevention of fire. Chapter VIII deals with water-supply, whereas Chap, IX codifies powers for sanitary and other purposes. Chap. X of the Act provides for the bylaws and Chap, XI makes provision for procedure and powers of entry and inspection. Chapter XII deals with control over Municipal Committees and Chapter XIII makes provision for small towns. Chapter XIV of the Act makes provision for Municipal Election Inquiries. The various purposes for which the Municipalities are constituted under the Act, have been vividly specified in the relevant provisions, the details of which need not be mentioned. Section 3 (13) (a) defines street as follows:-

(3.) " In this Act, unless there is something repugnant in the subject or context;-x x x x (13) (a) 'street' shall mean any mad, footway, square, Court, alley or passage, accessible, whether permanently or temporarily to the public, and whether a thoroughfare or not; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post chain or other barrier, it houses, shops or other buildings abut thereon and if it is used by any person as a means of access to or from and public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid and shall include also the drains or gutters therein, or on either side, and the land, whether covered or not by any pavement, verandah or other erection, up to the boundary of any abutting property not accessible to the public. "