Court on its own motion vs State of Punjab

This petition was placed before this Court as a Public Interest Litigation after a suo-moto notice was taken by a learned Single Judge about the pathetic and horrible sanitation conditions, defacement and destruction of public property by the residents of Chandigarh, Panchkula and Mohali. This Court after seeing various photographs, which appeared in the "Daily Chandigarh" newspaper on 04.06.2012, appointed Ms. Divya Sharma, learned counsel as amicus curiae to visit all the Apni Mandis which are held once a week in different sectors of the tricity and report as to whether there is cleanliness or not.

Ms. Divya Sharma, learned amicus curiae has reported that the Apni Mandis are held from early morning till late at night and were not cleaned even after 2.00 PM on the next day resulting in garbage being thrown all over the place.

Learned counsel for the Union Territory, Chandigarh, however, states that they will ensure that all the places where the Apni Mandis are held are cleaned up by the next day by 11.00 AM. He further states that in case any person is found littering, then fines are being imposed.

Learned counsel for the Punjab Mandi Board states that they have appointed a safai contractor to clean up all the Apni Mandis and as per the contract, the cleaning work takes place upto 11.00 AM on the next day.

A suggestion has been made by the Court that in future while awarding the contract a clause should be inserted therein that the concerned contractor would be responsible for cleaning up the place(s) of Apni Mandi(s) upto 9.00/10.00 AM on the next day.

Ms. Palika Monga, learned Deputy Advocate General, Haryana states that in Panchkula, an agency has been appointed for cleaning up the Apni Mandi(s). She further states that an incinerator has also been purchased for treating the garbage. She submits that wherever the Apni Mandis are held, the places shall be cleaned up by 11.00 AM on the next day and in case any person is found throwing garbage, then appropriate fines have been prescribed on the vegetable sellers and other vendors.

Another aspect in this Public Interest Litigation is the encroachments made by certain persons in the corridors of different markets.

Learned counsels for the respondents submit that frequent checks are carried out and the en-croachers are dealt with in accordance with law. Keeping in view the status reports filed by the States of Punjab, Haryana as well as the Union Territory, Chandigarh as also the submission made by their respective counsels, we are satisfied that the concerned authorities are taking adequate steps to maintain cleanliness in the tricity and accordingly this writ petition is ordered to be closed with a direction to the States of Punjab and Haryana as well as the Union Territory, Chandigarh to ensure that residents do not resort to throwing garbage in public places and in case any person does so, then appropriate fine(s) be imposed.