CWP-14375 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 118 Chamkaur Singh and others State of Punjab and others CORAM: Present: SUMEET GOEL 1. the Constitution mandamus, with the following substantive prayer: 14375-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Chamkaur Singh and others V/s State of Punjab and others CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Mr. V.G. Jauhar, Advocate for the petitioners. ***** SUMEET GOEL, JUDGE The present petition has been filed under the Constitution of India seeking issuance of a writ in the nature of mandamus, with the following substantive prayer: “Hence it is respectfully prayed that this Hon'ble Court may kindly be pleased to issue writ of mandamus directing the respondents removal of illegal encroachment upon the High School Land and not to construct/ allow establishment of Waste Segregation shed for the purpose of processing wet and dry waste on the private land that is currently in the use of High Senior Secondary School, Village Kohrian, Te District Sangrur, Punjab and immediately stop all construction activity on the said land in the interest of justice, equity and fair play, which is in violation of The Environment Protection Act (1986), The Solid Waste Management Rules (2016), Punjab State Solid Waste Management Policy 2018 and Punjab Panchayati Raj Act (1994). AND Further prayer is being made before this Hon'ble Court to issue a writ of mandamus directing the respondents to consider and use alternative Gram Panchayat land for Segregation Shed, in accordance with law for the benefit of the common masses in the interest of justice.” 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14375-2025 (O&M) Date of decision: 19.05.202 ....Petitioners ....Respondents HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Mr. V.G. Jauhar, Advocate for the petitioners. ***** petition has been filed under Articles 226/227 of of India seeking issuance of a writ in the nature of mandamus, with the following substantive prayer: Hence it is respectfully prayed that this Hon'ble Court may kindly be pleased to issue writ of mandamus directing the respondents removal of encroachment upon the High School Land and not to construct/ allow establishment of Waste Segregation shed for the purpose of processing wet and dry waste on the private land that is currently in the use of High Senior Secondary School, Village Kohrian, Tehsil Sunam, District Sangrur, Punjab and immediately stop all construction activity on the said land in the interest of justice, equity and fair play, which is in violation of The Environment Protection Act (1986), The Solid Waste Punjab State Solid Waste Management Policy and Punjab Panchayati Raj Act (1994). Further prayer is being made before this Hon'ble Court to issue a writ of mandamus directing the respondents to consider and use alternative Gram Panchayat land for the construction of Waste Segregation Shed, in accordance with law for the benefit of the common 2025 (O&M) .2025 HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE Articles 226/227 of of India seeking issuance of a writ in the nature of Hence it is respectfully prayed that this Hon'ble Court may kindly be pleased to issue writ of mandamus directing the respondents removal of encroachment upon the High School Land and not to construct/ allow establishment of Waste Segregation shed for the purpose of processing wet and dry waste on the private land that is currently in the hsil Sunam, District Sangrur, Punjab and immediately stop all construction activity on the said land in the interest of justice, equity and fair play, which is in violation of The Environment Protection Act (1986), The Solid Waste Punjab State Solid Waste Management Policy Further prayer is being made before this Hon'ble Court to issue a writ of mandamus directing the respondents to consider and use the construction of Waste Segregation Shed, in accordance with law for the benefit of the common AJAY KUMAR 2025.05.21 11:23 I attest to the accuracy and integrity of this document CWP-14375 2. submits that the petitioners would be satisf issued to respondent No.3 to consider and take a conscious decision on the representation (Annexure P manner. 3. 4. DAG Punjab submits he has no objection in case the limited prayer made by the learned counsel for the petitioners, at this stage, is accepted. 5. perused the paper 6. case & without going into merits thereof, the instant petition with a direction to herein) to look into the petitioner representation & take ratiocinated decision thereupon after affording opportunity of of two weeks within fifteen days of it being taken. milieu of the case in hand; it is directe shall ensure that the construction activity etc carried out till such decision by the Deputy Commissioner, Sangrur & communication thereof to the petitioners. 14375-2025 Learned counsel for the petitioners submits that the petitioners would be satisf issued to respondent No.3 to consider and take a conscious decision on the representation (Annexure P-16) made by the petitioners in a time bound Notice of motion. On the strength of the advance notice, Mr. Salil Sabh DAG Punjab, accepts notice on behalf of the submits he has no objection in case the limited prayer made by the learned counsel for the petitioners, at this stage, is accepted. We have heard learned counsel for the perused the paper-book with their assistance. Keeping in view the entirety of facts and circumstances of the case & without going into merits thereof, the instant petition with a direction to the Deputy Commissi to look into the representation (Annexure P s; objectively consider the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording opportunity of hearing to petitioners, in accordance with law, within a period two weeks from today. Such decision be communicated to the petitioner within fifteen days of it being taken. Keeping in view the milieu of the case in hand; it is directed that Deputy Commissioner, Sangrur shall ensure that the construction activity etc carried out till such decision by the Deputy Commissioner, Sangrur & communication thereof to the petitioners. 2 ed counsel for the petitioners limits his prayer and submits that the petitioners would be satisfied, for the nonce, if a direction is issued to respondent No.3 to consider and take a conscious decision on the 16) made by the petitioners in a time bound On the strength of the advance notice, Mr. Salil Sabhlok, Senior , accepts notice on behalf of the official respondents. He submits he has no objection in case the limited prayer made by the learned counsel for the petitioners, at this stage, is accepted. We have heard learned counsel for the rival parties and have book with their assistance. Keeping in view the entirety of facts and circumstances of the case & without going into merits thereof, the instant petition is disposed of Deputy Commissioner, Sangrur (respondent No. representation (Annexure P-16) moved by the ; objectively consider the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording , in accordance with law, within a period from today. Such decision be communicated to the petitioner Keeping in view the peculiar factual d that Deputy Commissioner, Sangrur shall ensure that the construction activity etc. at the spot in question be not carried out till such decision by the Deputy Commissioner, Sangrur & communication thereof to the petitioners. limits his prayer and if a direction is issued to respondent No.3 to consider and take a conscious decision on the 16) made by the petitioners in a time bound lok, Senior . He submits he has no objection in case the limited prayer made by the learned rival parties and have Keeping in view the entirety of facts and circumstances of the is disposed of (respondent No.3 ) moved by the ; objectively consider the grievance(s) raised in the said representation & take ratiocinated decision thereupon after affording , in accordance with law, within a period from today. Such decision be communicated to the petitioners factual d that Deputy Commissioner, Sangrur at the spot in question be not carried out till such decision by the Deputy Commissioner, Sangrur & AJAY KUMAR 2025.05.21 11:23 I attest to the accuracy and integrity of this document CWP-14375 7. (SUMEET GOEL) JUDGE May 19, 202 Ajay 14375-2025 Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE , 2025 Whether speaking/reasoned: Whether reportable: 3 if any, shall also stand disposed off. (SHEEL NAGU) CHIEF JUSTICE Yes/No Yes/No AJAY KUMAR 2025.05.21 11:23 I attest to the accuracy and integrity of this document