Dear MEMBERS and Activists,
The Hon'ble Punjab and Haryana High Court had issued strict direction to all Municipal Corporations, Committees, Nagar Panchayats, councils and even Panchayats, (Local Bodies) though Govt of Punjab in a COCP petition No. 1299/09 that no encroachment on Government Lands should be tolerated and those be removed immediately. The court asked the Government to issue immediate direction to its subordinate local body institutions. Mr. Bali an activist from Amritsar had asked the Punjab Government in his RTI Application dated 15 June 2012 the following information:
1) The necessary directions issued in this regard to all the Municipal Authorities as mandated at Para 10 (j), of above Judgment of HC of PB & HR, CHD
2) The names and addresses of all such Municipal Authorities to whom the above directions been issued.
3) The pages of dispatch register of above directions from your office to Municipal Authorities.
4) Any other step directed to remove the illegal encroachments in jurisdiction of above Municipal Authorities.
Department did not reply. The First appeal went for a ride. In the second appeal before the Mr. Harinder Pal Singh Mann, Information Commissioner Punjab, in Complaint No. CC-2244 of 2012, department gave some half cooked information during the hearing only, without explaining the reasons of delay. The latest information tendered by the Secretary Local Government Punjab Government on 11.09.2012 comprising of copies some letters/directions issued to Local Bodies.
As per information received, no action has been taken by any local authorities to comply with the direction of the Hon'ble High Court. The direction to issue press advertisement is only issued on 03.09.2012 just before the matter was finally fixed up at information commission. Hon'ble High Court had ordered "The Monitoring Committees shall be duly notified and given wide publicity within the given Municipal area". As per High Court Order dated 17 January 2012 in COCP 1299 were to be complied with within six months, about which the Government miserably failed to do the same.
Director Local Bodies Punjab only issued Letter No. DTP(SS)-12/1995 only on 03 September 2012 to the Director Public Relations Punjab to release the Tribune, Punjab Kesri and Ajit newspapers, enclosing therewith a copy of the "Public Notice", which is yet to make its appearance in these newspapers (please see attached file Info_1.doc) Justice Suryakant had ordered :
"vi) the Municipal Corporations are directed that encroachments from all those public properties except falling within the direction No.(i) above and/or wherever the civil court has decided the matter in favour of the private individuals, shall be removed and the lands will be retrieved forthwith but not later than six months from today;"
The copy of the judgement in COCP 1299 dated 17 January 2012 is also attached.
This delay and the disobedience in the implementation of the direction of the Hon'ble High Court are going to cost dear to the Government as Mr. Bali, another Public Spirit social Activist from Amritsar is planning to move yet another COCP in the High Court on this deliberate delay on the part of the Government.
Mr. Bali remarked that "Now it is the task of the citizen to ensure that the Local Bodies take further action and the encroachments are removed within time span set out by the High Court. One can make complaint and be custodians of Public Property and get these free from the Land Mafia". He exhorted the public to exert on it.
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Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me
GREETINGS AND WARM REGARDS
Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me
Attachment(s) from Surendera M. Bhanot
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