Residents Welfare Association Sector 19c Chandigarh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH LPA No.3 of 2019 (O&M) Date of Decision: 16.10.2024 Residents Welfare Association ...Appellant

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Gaurav Rana, Advocate for the appellant.

Ms. Arundhati Kulshreshtha, AAG, Punjab for respondents No.1 to 5.

Mr. Jaivir S. Chandail, Advocate for respondents No.6, 8 and 9.

Mr. Suman Jain, Advocate and Mr. Rishabh Jain, Advocate for respondent No.7-MC Chandigarh.

***** G.S. Sandhawalia, J.(Oral) The present Letters Patent Appeal is directed against the interim order dated 21.12.2018 passed in CRWP No.428 of 2017 titled "Mohit Nayyar vs. State of Punjab and others", wherein various directions had been issued by learned Single Judge. The directions involved were in the form of Public Interest as such regarding how the width of the roads has been maintained in Chandigarh and the encroachments at various places including parking on pedestrian paths/cycle tracks, driving on the wrong side and the issues were to be drawn in the 'Draft Parking Policy' etc. NEETU RANI 2024.10.21 17:32 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD

LPA No.3 of 2019 (O&M) -22.

The Co-ordinate Bench, while issuing notice of motion on 04.01.2019, directed that until the preparation of the Draft Parking Policy could not be completed, the demolition drive cannot be undertaken. 3.

We have been informed that the afore-said criminal writ petition Mohit Nayyar (supra) itself was disposed of as having been rendered infructuous on 26.07.2022 by the Bench headed by Hon'ble the then Chief Justice. We have, further, been informed that CWP-PIL No.78 of 2019 titled "Court on its own motion vs. The Chandigarh Administration through the Advisor to the Administrator, Chandigarh and others", along-with CWP Nos.25992 and 27420 of 2018, is, now, pending before the Ist Division Bench regarding similar issues as in the earlier case. 4.

In such circumstances, we are of the considered opinion that the main criminal writ petition, out of which the present appeal has arisen, has been rendered infructuous. Even otherwise, the issue is, now, being taken care by the Bench headed by Hon'ble the Chief Justice and if the appellant is having any grouse, it is open to him to file an appropriate application and to intervene in it, if permissible 5.

The present appeal stands disposed of accordingly. (G.S. SANDHAWALIA) JUDGE 16.10.2024 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned:

Yes Whether Reportable:

No NEETU RANI 2024.10.21 17:32 I attest to the accuracy and authenticity of this order/judgment PHHC, CHD