VARINDER KATARIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the petitioner namely-Varinder Kataria in the nature of a Public Interest Litigation (PIL) seeking direction to respondent Nos. 1 to 3 to restrain respondent No.4 from giving effect to resolution No.67 dtd. 12/9/2014 qua the demolition of the existing Community Hall at Fazilka (opposite District Administrative Complex) for paving the way for construction of New Bus-stand at that site, inter alia, on the grounds that the said community hall caters to the needs of poor and common persons for performance of ceremonies like marriages, last rites, seminars, workshop, blood donation camp etc; the Punjab Urban Development Mission has after holding a meeting with President, Municipal Council, Fazlika on 27/3/2015 recommended that the proposed Bus-stand be shifted towards Guru Nanak Sikh Pathshala, so that the functional community centre is not demolished, the conduct of respondent No.4 in starting demolition work of the community centre in pursuance to resolution, dtd. 12/9/2014, was being done in a hot haste and the said resolution dtd. 12/9/2014, was not in public interest. Further prayer is for a direction to the respondents to consider the recommendation, made by the Punjab Urban Development Mission in para 7(d) of its report dtd. 27/3/2015 that the site of the proposed bus-stand be shifted towards Guru Nanak Sikh Pathshala and respondent No.4 be restrained from carrying on the work of demolishing the building of Community Hall.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner states that he is a public spirited person. He remained a Member of Rajya Sabha. He was also Governor of Pondicherry during the period from 1/7/2013 to 11/7/2014. The petitioner had given a grant of about L 60 lakhs during the year 1997 out of his MPLAD fund for construction of a community hall at Fazlika. The said Community Hall "Ram Place" was constructed and completed by Punjab Water Supply and Sewerage Board, costing around L 60 lakhs. At present, the market price of the land and building of the community hall is around L 5 crores. It serves the needs of poor people, for the purpose of solemnizing marriages as well as last rites at nominal rent. It also serves as a place for conducting seminars, workshops, blood donation camps and other social and religious functions. In the said resolution, it has been stated that the existing bus-stand, which is within the city, is quite narrow and less spacious. The buses experience problem in coming to the bus-stand, which results into traffic jams. Therefore, the Municipal Council, Fazlika resolved to construct the bus-stand at a cost of around L 529.51 lakhs. It has been further stated in the resolution that the proposed bus stand is to be constructed outside the city of Fazlika, where the existing community hall is located, and the land belongs to Municipal Council, Fazlika. According to the petitioner, the said resolution has not so far been approved by the Director Local Government, Punjab-respondent No. 2. However, in a hot haste manner, the Municipal Council, Fazlika initiated dismantling work of community hall on 3/4/2015. The petitioner asserts that the conduct of respondent No.4 in initiating dismantling work of the community hall is not legal despite being fully aware that the High Power Committee of Punjab Urban Development Mission, vide its report dtd. 27/3/2015, categorically recommended that the functional community centre be not demolished and instead, the Municipal Council, Fazlika may get one acre land under encroachment of Guru Nanak Sikh Pathshala, reclaimed, and the site of the proposed bus-stand be shifted towards the said school. According to the petitioner, under Sec. 232 of the Punjab Municipal Act, 1911 (in short, "the Act"), the Deputy Commissioner has the power to suspend any resolution or order of the committee, if it is not in public interest and would cause wastage of Municipal funds or property. In the instant case, the decision of the municipal Council, Fazlika being not in public interest deserves to be suspended by the Deputy Commissioner, Fazlika. Further, under Sec. 236 of the Act, the State Government is bound to require that the proceedings of the Committee are in conformity with law and the rules under any enactment for the time being. Hence, the instant petition before this Court by the petitioner.

(3.) A written statement has been filed by Executive Officer, Municipal Council Fazlika-respondent No.4, wherein it has been inter alia stated that the present writ petition is not a Public Interest Litigation because personal interest of the petitioner is involved therein. The foundation stone of the community hall was laid by the petitioner. Since the said community hall is being demolished for the purpose of constructing New bus-stand, the said foundation stone shall also be removed. The existing bus-stand is situated in thickly populated area which is a source of minor and major accidents every day. Therefore, keeping in view the public road safety a decision was taken to construct a new bus-stand on Fazlika-Abohar road. With regard to averment of the petitioner that the community hall is being used for the poor and common people for the purpose of different ceremonies at nominal charges of L 500/- to L 5000/- per function, it has been stated that up to the year 1999, the Community Hall was being looked after by the Municipal Council, Fazlika and thereafter vide resolution dtd. 21/9/1999, the said community hall was given on lease for two years. Thereafter, the same was given on lease to different firms, the details of which are given in para Rs.3.00' of the written statement. As the community hall is in dilapidated condition, therefore, no bid was given by any contractor after 31/10/2014. In these circumstances, a decision was taken to construct a new bus-stand at this place and after the expiry of the extended period of lease, the demolition work was started at the spot.