15 years on, Punjab and Haryana High Court holds Panchkula MC, others guilty of contempt

Tribune News Service

Saurabh Malik

Chandigarh, June 6

Rapping Panchkula municipal authorities and other respondents for not adhering to law, besides openly and wilfully disobeying the court order, the Punjab and Haryana High Court has prima facie held them guilty of contempt of court. The 15-year-old matter pertains to the shifting of milk dairies.

Wilful disobedience of order

Perusal of interim orders reflects respondents are taking matter in a very casual manner and are wilfully disobeying order passed by this court. Prima facie, they are held guilty of contempt of court. — Justice Arvind Singh Sangwan, HC

Justice Arvind Singh Sangwan also directed issuance of a notice to the respondents presently holding the charge. They have been asked to show-cause why they be not punished in accordance with law.

Justice Sangwan, at the same time, granted a last opportunity to the respondents to comply with the order, failing which all were directed to remain present before the Bench on the dated fixed “for taking further action in the contempt proceedings”.

The matter, brought to the high court’s notice way back in July 2008 with the filing of a plea by Suresh and other petitioners against Haryana and other respondents, was disposed of in April 2009. It was followed by the filing of a contempt petition in 2014.

The Bench, during the course of hearing, was told the Haryana Development and Panchayat Department Director was seized of the matter as the case had been referred to the competent authority for transfer of more than 39 acres to the Panchkula Municipal Corporation for shifting the milk dairies “at the collector rate”.

The Bench on November 4, 2014, was further told the Director was likely to conclude the process within a month. Thereafter, another two months would be required for finalising the issue. The contempt petition was disposed of on the basis of the statement with a direction to the Director to consider, finalise and take a final decision within a month.

The Bench, four years later, was told the Director “passed the final decision” vide order dated December 3, 2014, following which Panchkula Deputy Commissioner constituted a committee, which recommended utilisation of 57 acres of ‘shamlat deh’ for shifting the milk dairies. The MC was made a party after the Bench was told it was required to take a decision for allotment.

As the matter came up for resumed hearing, Justice Sangwan asserted the main contempt petition was pending since 2014. The previous orders’ perusal showed the respondents were keeping the matter pending on one pretext or the other by raising objections and stating the decision was to be taken by the other department.

“On the face of it, perusal of the interim orders passed in the present petition 2018 onwards reflects the respondents are taking the matter in a very casual manner and not adhering to majesty of law and they are openly and wilfully disobeying the order passed by this court. Therefore, prima facie, they are held guilty of contempt of court,” Justice Sangwan asserted, while fixing the case for further hearing in August first week.

2008 plea over Shifting of dairies

• In July 2008, plea is filed in HC against Haryana, others over shifting of dairies; it is disposed of in April 2009; contempt petition is filed in 2014
• HC is told Panchayat Dept director is seized of matter as case had been referred to competent authority for transfer of 39 acres to MC for the purpose
• On Nov 4, 2014, HC disposes of contempt petition with direction to the director to consider, finalise and take a final decision within a month
• In 2018, HC is told on director’s ‘final decision’ in Dec 2014, DC formed panel that recommended utilisation of 57 acres of ‘shamlat deh’; MC is made party

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.