LAWS(P&H)-2011-3-66

DHARMA Vs. GRAM PANCHAYAT VILLAGE DOHAR

Decided On March 18, 2011
DHARMA Appellant
V/S
GRAM PANCHAYAT, VILLAGE DOHAR, DISTRICT KAITHAL Respondents

JUDGEMENT

(1.) 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 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:-

(2.) 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.