- (1.) In this petition, purportedly filed in public interest, Kidwai Nagar (East) Welfare Society (Regd.)-petitioner seeks a direction to stop the construction of a pumping station in and around the Municipal Park known as Nanda Park in Kidwai Nagar, Ludhiana for the project of storm sewer in Janakpuri, Ludhiana, as according to the petitioner, the installation of the pumping station at the proposed site would casue danger to the life and liberty of the residents of the area'. A further direction to continue installation of the Storm Sewer at Janakpuri Road, Ludhiana, as per the earlier proposal, whereupon more than Rs. 20 lacs are already said to have been spent by the Punjab Water Supply & Sewerage Board, has also been sought.
(2.) The petitioner is a registered society under the Societies Registration Act, 1860 and is said to have been constituted for the social, moral and intellectual uplift of its members as well as the general public. It statedly represents more than 100 houses in Kidwai Nagar of Ludhiana. Janakpuri is another residential locality of Ludhiana City adjoining the Kidwai Nagar and is alleged to be a thickly populated low lying area due to which a lot of water accumulates in and around Janakpuri during the rainy season. The Punjab Water Supply & Sewerage Board (for short 'the Board') made a proposal to install a sewer at Janakpuri Road comprising 24", 32" x 36" I.D. Pipe through which the rainy water was to be taken towards Samrala Chowk and from there it was to be lifted through a pumping station and thrown in Buddha Nala. The proposal was finally approved by the Municipal Corporation, Ludhiana in July, 2006 and a sum of Rs. 92.00 lacs was deposited with the Board. The work also commenced at the site and about Rs. 21 lacs are said to have been spent by the Board. The petitioner-society alleges that after the State Assembly Elections held in 2007 and with the change of political party in power, the pending project was scrapped and instead of completing it, the Municipal Corporation, Ludhiana authorised the Board on 09.08.200 to construct the pumping station in the Municipal Park known as 'Nanda Park' located at Kidwai Nagar, for which tenders were also invited on 03.01.2011. The petitioner society opposes change of the site for the construction of the pumping station, as according to it, the Municipal Park (Nanda Park) is used by the residents of Kidwai Nagar, Ludhiana as the park is fully maintained with lush green ground, flowers and trees and most of the elders of the locality enjoy their morning and evening walks in the park besides it provides re-creational activities to the children. Also a tubewell installed in the said park supplies fresh water to the nearby residents of the area. It is alleged that the pumping station is being installed in Nanda Park without conducting any survey or taking advice from the Experts as the level of Kidwai Nagar is lower than that of the Janakpuri area and if the accumulated rainy water is allowed to be drained from Janakpuri to Kidwai Nagar it will deteriorate living conditions of the residents of Kidwai Nagar who are already facing a similar problem of excessive accumulation of rainy water.
(3.) Upon notice, the respondents put in appearance and on 08.08.2011, it was stated on behalf of the Board, who is the Nodal Executing Agency of the project, that "pumping station is being set up for draining the rainy water and will not be a danger to the life of the citizens as apprehended in the writ petition. The site of construction has now been shifted to the barren portion of the Mini Rose Garden". Thereafter, when the matter came up for hearing on 12.08.2011, it was stated on behalf of the petitioner that due to construction of the pumping station, the houses in the nearby area have developed cracks. The aforestated stand on behalf of the petitioner was reiterated on 12.09.2011 also.;