HARYANA URBAN DEVELOPMENT AUTHORITY, PANCHKULA Vs. CHAIRMAN, PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICES), PANCHKULA AND OTHERS

JUDGEMENT

(1.) This petition is filed by the Haryana Urban Development Authority (for short 'HUDA') to challenge the order of the Permanent Lok Adalat, Panchkula, dated 13.12.2011, by which the HUDA and Municipal Corporation, Panchkula (for short 'the MC') have been directed to take steps as are necessary to prevent the cattle menace in the urban area of Panchkula.

(2.) In short, controversy started when an application under section 22C of the Legal Services Authorities Act, 1987 (for short 'the Act') filed before the Permanent Lok Adalat, making a complaint against the unhygienic conditions caused by excreta of stray animals (cows, dogs etc.) on the streets/area coming under the control of HUDA and MC.

(3.) The stand taken by the petitioner before the PLA was that after developing the sectors in the urban area of Panchkula, the said areas were handed over to the MC for future maintenance by way of an agreement. Therefore, the liability is of the MC to keep the area, under his control, free from cattle menace much less remove the excreta of the stray animals or even the dead animals from the roads and parks. The PLA while disposing of the application has though taken note of the existence of the contract between the parties but put the liability both on HUDA and MC for maintaining the congenial living environment in the urban area of Panchkula.