SPANGLE HEIGHTS APARTMENT OWNER ASSOCIATION DHAKOLI, ZIRAKPUR v. STATE OF PUNJAB AND ANOTHER
CWP/23201/2025 · 2025-09-08
Jagmohan Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89737 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89737 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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CWP-23201-2025
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
115
CWP-23201-2025 Date of Decision: 08.09.2025 Spangle Heights Apartment Owner Association Dhakoli, Zirakpur
…Petitioner Versus State of Punjab and another
…Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Manjit Singh, Advocate for the petitioner Mr. Aman Dhir, Deputy Advocate General, Punjab
Ms. Deepali Puri, Advocate for Municipal Corporation, Zirakpur *** JAGMOHAN BANSAL, J. (Oral)
1.
On 21.08.2025, this Court passed the following order: -
“The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondent to decide representation dated 20.05.2025 in a time-bound manner.
The petitioner is a registered society. The members of the society are habitant of SAS Nagar Mohali. There is an open nalla-cum drainage passing adjacent to the society. There are 2000 people who are staying in the premises of the society. Water of the drain is stinking due to disposal of filthy affluents and sewer water in the drainage. The petitioners are requesting that to avoid dengue, malaria and other water- born diseases, open drain should be covered. The respondent has also admitted the aforesaid contention in its order dated
02.01.2024.
MOHIT KUMAR 2025.09.08 15:55 I attest to the accuracy and authenticity of this
order/judgment.
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CWP-23201-2025
-2-
Mr. Aman Dhir, DAG, Punjab submits that as per his instructions, process of cleaning drain/choe is going on. If temporary or permanent sheds are constructed/fabricated over choe it would be difficult to carry out process of cleaning.
Let affidavit of Municipal Commissioner, Zirakpur and Chief Engineer, Irrigation and Water Resources Department, Punjab be filed before the adjourned date disclosing status of choe and efforts being made by respondent to clean it.
Adjourned to 08.09.2025.”
2.
Ms. Deepali Puri, learned counsel for Municipal Corporation, Zirakpur submits that tender for the cleaning of choe in question has already been floated and it would be cleaned at the earliest. On account of heavy rainfall, everything has come to halt.
3.
In the wake of statement of counsel for Municipal Corporation, Zirakpur, the present petition stands disposed of.
4.
It is made clear that problem of stinking or garbage throwing would not be resolved by making superstructures, however, effective cleaning is the only solution to resolve the problem. If the needful is not done within 3 months from today, the petitioner would be at liberty to avail remedies as permissible by law.
(JAGMOHAN BANSAL)
JUDGE 08.09.2025 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No
MOHIT KUMAR 2025.09.08 15:55 I attest to the accuracy and authenticity of this
order/judgment.