WELFARE ASSOCIATION Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The Residents Welfare Association of Sector 14, Urban Estate, Karnal through its authorised representatives and few residents have filed the instant petition in public interest seeking a mandamus directing the respondents to carry out their statutory duties and obligations under Section 13 of the H.U.D.A. Act, 1977 for control of pollution in Sector 14 primarily resulting from the Mughal Canal running through the area.

(2.) Without commenting upon the issue whether the prayer made for enforcement of Section 13 of the H.U.D.A. Act would adequately cover the grievance and the consequent relief set out in the petition for cleansing the old Mughal Canal, we are of the opinion that no directions can be issued in the instant case considering the stand taken by respondents 2 to 4 stating that after the development of the residential site, it is the job of Municipal Council/Corporation to maintain sanitation and cleanliness in the area. The Municipal Council has not been impleaded as a party respondent, even though the reply of respondents 2 to 4 was filed in the year 2008.

(3.) The public interest litigation is distinct from an adversorial litigation and should not invite a contentious response from the other side. Rather, the intervention of the Court should be viewed as a reminder and an expectation from the public authorities to remedy the situation pointed out by the P.I.L. petitioner.