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2025 DAILYLAW 10465 (PNJ)

KRISHNA ENCLAVE v. GURPAL SINGH CHAHAL AND ORS

COCP/2223/2017 · 2025-08-19

Sudeepti Sharma

Contempt Petitionbody2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101+205) COCP-2223-2017 (O&M) Decided on : 19.08.2025 Krishna Enclave ……Petitioner Versus Gurpal Singh Chahal & others ……Respondents CORAM : HON'BLE MS.JUSTICE SUDEEPTI SHARMA Present: Mr.Deepanshu Kapur, Advocate, for Mr.S.S.Rana, Advocate, for the petitioner. Mr.Animesh Sharma, Addl.A.G., Punjab. Mr.Ishan Chopra, Advocate, for Mr.K.S.Dadwal, Advocate, for respondent No.2. SUDEEPTI SHARMA , J. (Oral) 1. The present contempt petition has been filed for intentional disobedience of the order dated 16.01.2017 (Annexure P-1) passed in CWP- 14509-2013 titled Krishna Enclave Residents Welfare Society Vs. State of Punjab & others. 2. The following order was passed by this Court on 16.01.2017: “(1) The petitioner is a Welfare Society of residents of Krishna Enclave at Kharar. The residential colony has been developed by a private builder, namely, respondent No.6. Non-completion of several amenities and development works prompted the petitiorer-Society to approach this Court. (2) During the course of hearing, the residential colony has been taken over and now it falls within the jurisdictional control of Municipal Council, Kharar. (3) Learned counsel for the Municipal Council states that most of the works like installation of tubewell, carpeting of road and development of parks have been completed and/or the process to complete the same has been started. He undertakes that the left out works including SAILESH RANJAN 2025.08.21 11:21 I attest to the accuracy and integrity of this document (101+205) COCP-2223-2017 (O&M) -2- development of parks electricity connection to the tubewell and sewerage treatment plant shall be installed/made functional within a period of four months. (4) In view of the above-stated fair stand taken by the Municipal Council, we dispose of the writ petition with a direction to the said authority to complete the pending works within four months and continue to monitor the works already executed so that no inconvenience is caused to the residents of the locality. (5) Disposed of.” 3. In compliance of the same, two affidavits were filed, one by Shri Sandeep Kumar Tewari, Executive Officer, Municipal Council, Kharar, District Mohali dated 14.11.2017 and other by Shri Rajesh Kumar Sharma, Executive Officer, Municipal Council, Kharar, District Mohali dated 21.11.2018. 4. Relevant portions of the affidavit dated 14.11.2017 read as under: “5. That the deponent submits that Tube-well has been installed by Municipal Council, Kharar and the tubewell is running condition. Electric connection has been connected by the PSPCL Department. 6. That the deponent submits that sewerage system is already laid by builder and the same is in running condition. However, the estimate for laying proper sewerage in colony is prepared by Punjab Water Supply and Sewerage Board. The execution of work will be carried out after passing resolution from the house of Municipal Council, Kharar. Once, the resolution was passed then the work with regard to the sewerage would be started immediately. 7. That the deponent further submits that street lights is in working condition and mostly in every area there is provision of proper street lights. Further the work of development of parks is under progress and the same is likely to be completed within 2 months.” 5. Relevant portions of the affidavit dated 21.11.2018 read as under: “2. That earlier affidavit dated 10.11.2017 was filed by the then Executive Officer, where in it has already been pleaded that in compliance to the order passed by the Hon'ble High Court, the development work in Krishna Enclave stand carried out. Hadis However with regard to the sewerage system, it has been pleaded that SAILESH RANJAN 2025.08.21 11:21 I attest to the accuracy and integrity of this document (101+205) COCP-2223-2017 (O&M) -3- builder has already laid sewerage which is in running condition. The estimate for laying proper sewerage in colony is prepared by Punjab Water Supply and Sewerage Board and the execution of work will be carried out after passing resolution from the house of Municipal Council Kharar. 3. The deponent submits that Municipal Council has already carried out all the development works and even for the repairing purpose of sewerage an estimate of Rs. 5 lacs has already been passed. The sewerage which was laid by builder has already been connected sewerage lines which have been laid by Municipal Council. 4. The deponent submits that the Municipal Council Kharar had passed the estimate for repairing the sewerage lines of the colony and further had completed all the development works in Krishna Enclave under the Municipal Council Kharar, thus the order dated 16.01.2017 passed by Hon'ble High Court has been complied with. Therefore the rule may kindly be discharged. A copy of the status report dated 26.10.2018 which has been sent to Deputy Director, Urban Local Bodies Patiala is attached herewith as (Annexure R2/1).” 6. In view of the above, contempt is purged and rule stands discharged. 7. Pending application(s), if any, shall also stand disposed of. (SUDEEPTI SHARMA) August 19, 2025 JUDGE sailesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SAILESH RANJAN 2025.08.21 11:21 I attest to the accuracy and integrity of this document