16 years on, HC admonishes Haryana for non-compliance of its 2009 order on Panchkula dairies

Nearly 16 years after directions were issued to the State of Haryana to allot alternative sites to displaced dairy owners in Panchkula’s Sector 19, the Punjab and Haryana High Court has rapped the authorities concerned for failing to comply with its April 2009 order. Justice Sudeepti Sharma also directed Vikas Gupta, Haryana Commissioner and Secretary, Department of Urban Local Bodies, to remain present in the court on the next date of hearing.

The directions came as Justice Sharma rejected the state’s latest affidavit during the hearing a contempt petition before making it clear that continued delay would invite coercive action. The court observed that an affidavit filed by IAS officer Gupta showed yet another “action plan” extending compliance to 2026. The Bench categorically refused to accept it, observing that no compliance had been effected till date. “The affidavit shows that there is again an action plan till 2026 for compliance which means that order would be complied with in 2026. The affidavit dated September 8 cannot be taken on record since there is no compliance and the same is hereby rejected,” the court observed.

Justice Sharma added contempt petition was filed for non-compliance of order dated April 29, 2009, passed in a civil writ petition filed in 2007.

“Since 2009, as many as 16 years have elapsed but till date there is no compliance,” the court remarked, granting the officer one last opportunity of three weeks to implement the directions. The matter was placed before the Bench after an “affected” person approached the High Court alleging continued non-compliance with the 2009 order.

Pyare Lal, a resident of Sector 19, Panchkula, filed the petition under the provisions of the Contempt of Courts Act against Panchkula’s then Deputy Commissioner Monika Gupta of willfully failing to implement the judgment dated April 29, 2009.

The Bench was told that the original writ petition was filed in 2007 after residents, whose village lands were acquired for developing Sector 5, Panchkula, were allotted plots in Sector 19. Many continued running dairies and small shops from their homes, but the authorities began taking action against them for misuse of residential premises. The High Court had then directed the Deputy Commissioner to convene a committee meeting “immediately” to identify alternative sites for the dairy owners and forward recommendations to the State Government within two months. The State Government was further directed to take a final decision within three months thereafter.

However, according to the latest contempt petition, alternative sites were not allotted despite the lapse of over 16 years. Pyare Lal contended that he sent a representation as recently as June 28, 2022, complaining of non-compliance, but no action ensued.

The Bench was told the authorities concerned, during the hearing of a previous contempt petition, submitted that land had already been earmarked and only the development process remained pending. The Bench, following the assurance, dismissed the contempt plea as infructuous on January 29, 2024. Yet, “till today no action has been taken by the respondent regarding the compliance of the order dated 29.04.2009, even after the assurance given as per the order dated January 29, 2024,” the petitioner argued.

Alleging that the authorities’ continued inaction was “arbitrary and illegal,” the petitioner prayed that “the respondent authority may kindly be prosecuted under Contempt of Courts Act and further direction be issued to comply the judgment forthwith, in the interest of justice.”