IN THE HIGH COURT OF PUNJAB AND HARYANA 215 Gopal Krishan Shri V. Umashankar, Transport and Highways of India of Union of India and others CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings against the respondent for not complying dated 09.7.20 Court in CWP State of Punjab and others” whereby the petition was disposed of with the following directions : COCP-5416-2024 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.5416 of 2024 Date of decision : Gopal Krishan Versus Shri V. Umashankar, Secretary of Ministry of Ministry of Road Transport and Highways of India of Union of India and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kritik Jain, Advocate for Mr. Vishal Aggarwal, Advocate for the petitioner. Mr. Manmeet Singh Teji, AAG Punjab. Ms. Ekta Thakur, Advocate with Ms. Shikha, Advocate for respondent No.4. NIDHI GUPTA J. (Oral) Prayer in this petition is for initiation of contempt proceedings against the respondent for not complying 09.7.2013 (Annexure P-10) passed by a Court in CWP-4559 of 2007 titled as “Court on its own motion vs. State of Punjab and others” whereby the petition was disposed of with the following directions :- “xxx xxx xxx Taking note of facts & circumstances, we dispose of this writ petition by issuing directions that the Departments of Town & Country Planning and also the Forest Department in both the States, 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 5416 of 2024 (O & M) Date of decision :-07.08.2025 …..Petitioner Secretary of Ministry of Ministry of Road Transport and Highways of India of Union of India and others …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kritik Jain, Advocate for Vishal Aggarwal, Advocate Mr. Manmeet Singh Teji, AAG Punjab. Ms. Ekta Thakur, Advocate with Ms. Shikha, Advocate for respondent No.4. Prayer in this petition is for initiation of contempt proceedings against the respondent for not complying with the order ) passed by a Division Bench of this Court on its own motion vs. State of Punjab and others” whereby the petition was disposed of with Taking note of facts & circumstances, we dispose of this writ petition by issuing directions that the Departments of Town & Country Planning and also the Forest Department in both the States, VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document Hon’ble Division Bench of this Court had taken suo motu cognizance of the fact that some Dhaba owners had come to the Court by way of Civil Writ Petition No.3999 of 2007 praying for issuanc to the State of Haryana not to demolish their roadside construction. Accordingly, the Court on its own motion initiated the Petition No.4559 of 2007 whereby the respondent given the direction (reproduced No.4 that the petitioner herein had sought the above said relief COCP-5416-2024 (O & M) shall appoint a Senior Government Officer as a Nodal Officer, who shall check out such like illegal construction on the roadside and take action against un-authorised construction/carving out of un-authorised passage through the Forest Land on the roadside. Name and designation etc. be referred on the official web site departments. So far as area falling in the Municipal limits is concerned, the States are directed to issue directions to the Municipal Councils to take action as per law. It is further directed that if any complaint is received by the Nodal regarding un-authorised construction and/or carving out of un-authorised passage through the Forest Land abutting the road, immediate action shall be initiated. The State shall do the needful within 2 months from the receipt of a copy Vide order dated 09.7.2013 (Annexure P Hon’ble Division Bench of this Court had taken suo motu cognizance of the fact that some Dhaba owners had come to the Court by way of Civil Writ Petition No.3999 of 2007 praying for issuanc to the State of Haryana not to demolish their roadside construction. Accordingly, the Court on its own motion initiated the Petition No.4559 of 2007 whereby the respondent given the direction (reproduced above) vide order dated 09.7.2013. It is pointed out by learned counsel for the respondent that the petitioner herein had sought the above said relief 2 shall appoint a Senior Government Officer as a o shall check out such like illegal construction on the roadside and take authorised construction/carving authorised passage through the Forest Land on the roadside. Name and designation etc. be referred on the official web sites of the above So far as area falling in the Municipal limits is concerned, the States are directed to issue directions to the Municipal Councils to take action It is further directed that if any complaint is received by the Nodal Officer so appointed, authorised construction and/or authorised passage through the Forest Land abutting the road, immediate action The State shall do the needful within 2 months from the receipt of a copy of this order.” Vide order dated 09.7.2013 (Annexure P-10), the Hon’ble Division Bench of this Court had taken suo motu cognizance of the fact that some Dhaba owners had come to the Court by way of Civil Writ Petition No.3999 of 2007 praying for issuance of direction to the State of Haryana not to demolish their roadside construction. Accordingly, the Court on its own motion initiated the said Civil Writ Petition No.4559 of 2007 whereby the respondent-State of Punjab was above) vide order dated 09.7.2013. It is pointed out by learned counsel for the respondent that the petitioner herein had sought the above said relief VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document mentioned in the order (Annexure P No.685 of 2018 from constructing any temporary or permanent urinal at point ABCD shown in red colour in the site plan annexed here to and accept a which proposed site is adjacent to the Confectionary shop of the plaintiffs is kno no. 2 and wherein business is run by both the plaintiffs, situated at old bus stand, Bhawanigarı, forcibly, illegally and in any manner.” said suit was dismissed in default by the learned trial Cou of prosecution vide order dated 13.10.2021 (Annexure R clarified by learned counsel for respondent No.4 of the public urinal sought by the petitioner were existing way the year 1998. close to the Bus Stand as stated in para 4 of the reply dated 04.5.2025 filed by way of affidavit of Shri Ashwani Kumar, Executive Officer, Municipal Council, Bhawanigarh, District Sangrur. It is further pointed out there was demand by the general public that the said urinals be renovated and refurbished as they are very old. Accordingly, a Resolution passed by respondent No.4 constructed for pursuance to the Resolution dated 13.10.1997 (Annexure R Mission implemented by the Ministry of Urban Development and by the Ministry of D COCP-5416-2024 (O & M) mentioned in the order (Annexure P-10) by way of a Civil Suit No.685 of 2018 for “Permanent Injunction restraining the defendants from constructing any temporary or permanent urinal at point ABCD shown in red colour in the site plan annexed here to and accept a which proposed site is adjacent to the Confectionary shop of the plaintiffs is known as "Kansal Confectionary Store" owned by plaintiff no. 2 and wherein business is run by both the plaintiffs, situated at old bus stand, Bhawanigarı, forcibly, illegally and in any manner.” said suit was dismissed in default by the learned trial Cou of prosecution vide order dated 13.10.2021 (Annexure R clarified by learned counsel for respondent No.4 of the public urinal sought by the petitioner were existing way the year 1998. The said urinals are existing in a busy market and are close to the Bus Stand as stated in para 4 of the reply dated 04.5.2025 filed by way of affidavit of Shri Ashwani Kumar, Executive Officer, Municipal Council, Bhawanigarh, District Sangrur. It is further ed out there was demand by the general public that the said urinals be renovated and refurbished as they are very old. Accordingly, a Resolution dated 13.10.1997 passed by respondent No.4. Furthermore, the urinals were constructed for ladies and gents in accordance with public demand in pursuance to the Resolution dated 13.10.1997 (Annexure R It is further submitted that even as per the Swachh Bharat Mission implemented by the Ministry of Urban Development and by the Ministry of Drinking Water and Sanitation for Urban and Rural 3 10) by way of a Civil Suit ent Injunction restraining the defendants from constructing any temporary or permanent urinal at point ABCD shown in red colour in the site plan annexed here to and accept a which proposed site is adjacent to the Confectionary shop of the wn as "Kansal Confectionary Store" owned by plaintiff no. 2 and wherein business is run by both the plaintiffs, situated at old bus stand, Bhawanigarı, forcibly, illegally and in any manner.” The said suit was dismissed in default by the learned trial Court for want of prosecution vide order dated 13.10.2021 (Annexure R-4). It is clarified by learned counsel for respondent No.4 that the demolition of the public urinal sought by the petitioner were existing way-back in urinals are existing in a busy market and are close to the Bus Stand as stated in para 4 of the reply dated 04.5.2025 filed by way of affidavit of Shri Ashwani Kumar, Executive Officer, Municipal Council, Bhawanigarh, District Sangrur. It is further ed out there was demand by the general public that the said urinals be renovated and refurbished as they are very old. dated 13.10.1997 (Annexure R-3) was . Furthermore, the urinals were ladies and gents in accordance with public demand in pursuance to the Resolution dated 13.10.1997 (Annexure R-3). It is further submitted that even as per the Swachh Bharat Mission implemented by the Ministry of Urban Development and by rinking Water and Sanitation for Urban and Rural VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document Areas, the guidelines have been issued, as per which it has been directed that Public Toilets and Urinals be constructed in prominent placed within the city where there is high footfall. Learned counsel refers to the photographs (Annexure R Urinals exist in a busy market and close to the Bus Stop. Petition stands August 07 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-5416-2024 (O & M) Areas, the guidelines have been issued, as per which it has been directed that Public Toilets and Urinals be constructed in prominent placed within the city where there is high footfall. Learned counsel ers to the photographs (Annexure R Urinals exist in a busy market and close to the Bus Stop. In view of the aforesaid facts, the present Contempt Petition stands dismissed. Rule stands discharged. Pending application(s), if any, shall stands disposed 7, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 4 Areas, the guidelines have been issued, as per which it has been directed that Public Toilets and Urinals be constructed in prominent placed within the city where there is high footfall. Learned counsel ers to the photographs (Annexure R-5) to show that the said Urinals exist in a busy market and close to the Bus Stop. In view of the aforesaid facts, the present Contempt Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.13 21.14 I attest to the accuracy and integrity of this document