IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DEFENCE COLONY WELFARE ASSOCIATION, SECTOR 35 UNION TERRITORY OF CHANDIGARH CORAM: Present : HARSH BUNGER, J. (ORAL) Sector 35 of the Constitution of India, for issuance of a writ in the nature of for setting 2. Memorandum of Understanding with respondent No.3 for area of Sector 35, Chandigarh. 2.1 dated 28.01.2025 (Annexure P the maintenance contract/MOU 2.2 13.02.2025 (Annexure P IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH DEFENCE COLONY WELFARE ASSOCIATION, SECTOR 35-C, CHANDIGARH Versus UNION TERRITORY OF CHANDIGARH CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Mr. Sumer Singh Brar, Advocate for the petitioner. HARSH BUNGER, J. (ORAL) Petitioner (Chandigarh Defence Sector 35, Chandigarh) has filed the instant writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of for setting aside the communication dated 13.05.2025 (Annexure P Briefly, the petitioner is stated to have entered into a Memorandum of Understanding (for short `the MOU’) with respondent No.3 for the maintenance and upkeep of 44 parks within the area of Sector 35, Chandigarh. Petitioner alleges that on account of political reasons, a notice dated 28.01.2025 (Annexure P-2) was issued by respondent No.3, cancelling the maintenance contract/MOU dated 11.09.2019 ( It appears that the petitioner submitted response dated 025 (Annexure P-3) to the afore Page 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17176-2025 (O&M) Date of Decision: 01.07.2025 CHANDIGARH DEFENCE COLONY WELFARE ASSOCIATION, …Petitioner Versus UNION TERRITORY OF CHANDIGARH AND OTHERS …Respondents HON’BLE MR. JUSTICE HARSH BUNGER , Advocate Petitioner (Chandigarh Defence Colony Welfare Association, ) has filed the instant writ petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of certiorari the communication dated 13.05.2025 (Annexure P-5). petitioner is stated to have entered into a (for short `the MOU’) dated 11.09.2019 maintenance and upkeep of 44 parks within the eges that on account of political reasons, a notice 2) was issued by respondent No.3, cancelling dated 11.09.2019 (Annexure P-1). It appears that the petitioner submitted response dated 3) to the afore-said notice dated 28.01.2025 of 4 2025 (O&M) Date of Decision: 01.07.2025 Welfare Association, ) has filed the instant writ petition under Article 226 certiorari petitioner is stated to have entered into a dated 11.09.2019 maintenance and upkeep of 44 parks within the eges that on account of political reasons, a notice 2) was issued by respondent No.3, cancelling It appears that the petitioner submitted response dated said notice dated 28.01.2025 GURPREET KAUR 2025.07.02 15:50 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh (Annexure P-2), which was followed by another letter 22.04.2025 (Annexure P-4) submitted by the petitioner to respondent No.3, however, vide impugned communication dated 13.05.2025 (Annexure P-5), the MOU (Annexure P-1) executed between the parties has been terminated w.e.f. 08.05.2025. 2.3 In the afore-mentioned circumstances, the present writ petition has been filed before this Court. 3. Heard. 4. In the present case, the MOU (Annexure P-1) executed between the petitioner and respondent No.3 for the maintenance and upkeep of 44 parks in Sector 35, Chandigarh has been terminated vide impugned communication dated 13.05.2025 (Annexure P-5), which reads as under :- “From The Executive Engineer Horticulture Division No.2, M.C. Chandigarh. To The President Chandigarh Defence Colony Welfare Association House No.2528, Sector 35-C, Chandigarh. Memo No.E.E.(H2)/MC/2025/965 Dated: 13/5/25 Subject: Surrendering of Maintenance of 44 Nos. Neighbourhood Parks/Green Belts of Sector 35, Chandigarh. Ref: Your letter No.CDCWA/248/2025 dated 22.4.2025 The request made by you vide your letter under reference for withdrawal of the MOU signed on 11.9.2019 for Maintenance of 44 No. neighbourhood parks Sector 35-C, Chandigarh allotted to your association vide this office Memo No.1374 dated 18.9.2019 has been considered by the office and hereby accepted. Accordingly, the MOU dated 11.9.19 is hereby terminated w.e.f. 8.5.2025. You are requested to handover 44 Nos. Neighbourhood Parks to the SDE Horticulture Sub Division No.5 under Horticulture Division No.2, Chandigarh. The Parks will further be maintained departmentally. Executive Engineer Horticulture Division No.2, M.C. Chandigarh Endst No.E.E. Hort-2/MC/2025 Dated: 9.5.25” GURPREET KAUR 2025.07.02 15:50 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh 4.1 A perusal of the above-extracted communication dated 13.05.2025 would show that the MOU has been terminated primarily on the request of the petitioner itself. Although, the petitioner is disputing that no any such request for terminating the MOU was made, however, the afore-said contention raised on behalf of the petitioner is found without any merit, keeping in view the stand taken by the petitioner in its reply dated 13.02.2025 (Annexure P-3), especially para Nos.7 and 8 thereof, which reads as under :- “7. As per the Bye Laws of the Municipal Corporation no Park or Green belt can be used by any resident without paying the Government Fees and the GST. Yesterday the Park neighbouring Flat No.1435, Sector 35B was used for a private function. On enquiry it was learnt that permission was granted by the Municipal Councilor Mrs. Premlata. Is she permitted to allow people to use parks without paying the necessary fees to the Municipal Corporation. What action did the J.E. and the SDO take to stop such a use. Photographs of the Park are attached (showing GPS Numbers of flats as 1418 and 1419) for your information. Such functions litter the parks and we are blamed that we are not maintaining them. The under-signed has passed instruction not clean the park. 8. In the end we will like to bring it to your kind notice that if the Parks of Sub Sectors 35A and B are taken, then the Parks of Sector 35C and D may also be taken as we will not maintain them.” 4.2 Still further, the letter dated 22.04.2025 (Annexure P-4) submitted by the petitioner clearly spells out surrendering of maintenance of parks by the petitioner’s society, the relevant extract of which reads as GURPREET KAUR 2025.07.02 15:50 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh under :- “CDCWA/248/2025 22 Apr 2025 To, The Executive Engineer Horticulture Municipal Corporation Chandigarh Sector 17, Chandigarh 160 017 SURRENDERING OF MAINTENANCE OF NEIGHBOURHOOD PARKS/ GREEN BELTS OF SECTOR 35 CHANDIGARH Sir, 1. Kindly refer to your MOU dated 18/09/2019. 2. Owing to non receipt of maintenance funds, we have today, given one month’s notice to the employees for the termination of their services with effect from 31st May 2025. 3. This is for your information please. Thanking you. Yours faithfully (Major RS Gujral Retd) President” 4.3 A perusal of afore-said Annexures P-3 and P-4 leaves no manner of doubt that the petitioner has no intention to carry on with the maintenance of the parks in pursuance of MOU (Annexure P-1) and rather, the petitioner had also given notices to its employees for their termination from services w.e.f. 31.05.2025 5. Considering the afore-said letters (Annexures P-3 and P-4), if the concerned authority has terminated the MOU (Annexure P-1), no fault can be found with the same. 6. Resultantly, the instant writ petition fails and the same is, accordingly, dismissed. 7. All pending application/s, if any, shall also stand closed. July 01, 2025 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No GURPREET KAUR 2025.07.02 15:50 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh