LAWS(P&H)-2016-8-375

AMRESH KUMAR Vs. THE STATE OF PUNJAB

Decided On August 02, 2016
AMRESH KUMAR Appellant
V/S
The State Of Punjab Respondents

JUDGEMENT

(1.) This writ petition has been filed in the nature of public interest seeking direction to the State of Punjab, Department of Local Bodies through its Secretary (respondent No.1), Municipal Corporation, Ludhiana through its Commissioner (respondent No.2) and the Deputy Commissioner, Ludhiana (respondent No.3) to take appropriate action against respondents No.4 to 14 for violating the various provisions of the Punjab Apartment and Property Regulation Act, 1995 (the 'Act' - for short), the Rules framed thereunder, namely, the Punjab Apartment and Property Regulation Rules, 1995 (the 'Rules' - for short), the Punjab Municipal Corporation Act, 1976 and the directions given by this Court in Court On Its Own Motion v. The State of Punjab and another, CWP No.4886 of 2003 decided on 04.10.2008 (Annexure P4).

(2.) The petitioner states that he is a permanent resident of district Ludhiana and being a public spirited person is dedicated towards serving the public at large, especially, in the surrounding areas of his village. It is submitted that the petitioner has been persuading less privileged families and also helping them to send their children to school. He has been contributing finances as per his capacity, besides, used to lead drives to collect some donations to pay school fee, uniform and books etc. for the said children. He has also led local area cleanliness drives including drives initiated by the Central Government and the State Government like 'Swachh Bharat Abhiyan'. He has also with the help of his family, friends and like-minded persons approaching the authorities and bringing it to their notice about the illegal construction being raised by unscrupulous individuals, who are illegally encroaching upon the public land also.

(3.) At the time of filing the petition, the Registry had raised objection as regards the maintainability of the public interest litigation in terms of the Public Interest Litigation Rules, 2010. It was also submitted that the writ petition be filed in consonance with the directions passed by this Court in the case of Ajaib Singh and another v. State of Punjab, CWP No.15987 of 2013 decided on 26.07.2013.