PREM SWAROOP DATTA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ quashing the orders of the Government passed under section 16 of the Punjab Municipal Act, 1911, removing the petitioner from the Membership of the Municipal Committee, Rewari, and also disqualifying him for election for a period of two years (Annexure II). The petitioner was elected a member of the Municipal Committee, Rewari, in the year 1961. There is a footpath in front of the shop known as M/S. Bhagwan Stores, Rewari, in which the petitioner is a partner. The surface of the footpath which was paved with bricks had become uneven and it was said to be in a very bad state of disrepair. The customers entering or leaving the petitioner's shop experienced difficulty. The condition of footpath was further worsened when the Telephone Department laid underground lines in front of the shop, Petitioner's brother and partner, Shri Anand Swaroop got the damaged portion of the pavement repaired at his own expense and put cement to bring the level of the repaired portion to that of the road. On 4th of October, 1961, information was given to the Executive Officer of the Municipal Committee stating that though the repairs to the damaged portion had been effected at the applicant's expense, no claim was made to Municipal Committee's title. On 7th of October, 1964, a notice under section 172 of the Punjab Municipal Act was sent to M/S. Prem Swaroop and Anand Swaroop, the partners of the petitioner, requiting them to remove the concrete floor from the footpath vide Annexure A. It was further stated in this notice that the construction had been made without permission and the bricks used were of the footpath. Shri Prem Swaroop and Anand Swaroop were required to comply with the notice within 72 hours otherwise action under section 172 of the Act would be taken against them.

(2.) SECTION 172 punishes a person who without the written permission of the Committee makes any immovable encroachment on or under any street, on over and under any sewer, or watercourse or erects or re -erects any immovable overhanging structure projecting into a street at any point above the said ground level. The punishment is of a fine extending to fifty rupees.

(3.) ON 19th of July, 1965, the Municipal Committee at its general meeting passed a resolution withdrawing notice issued under sections 172 and 220 of the Act and the matter was dropped vide Annexure D. In the resolution, it was specifically mentioned that Shri Prem Swaroop (petitioner) did not participate. The Sub -divisional Officer (Civil), Rewari, suspended the above resolution but the Municipal Committee passed another resolution on 29th of November, 1965, re -affirming its previous resolution dated 19th of July, 1965, vide, Annexure E. It was expressly mentioned in the resolution that Shri Prem Swaroop did not participate. On 29th of November, 1965, the Municipal Committee passed another resolution condemning the unnecessary interference by the Sub divisional Officer (Civil) in the Municipal affairs .