SATISH KUMAR MITTAL,J - (1.) THE petitioner company, which is a Colonizer and has developed Residential Duplex Independent houses at village Himmatgarh, NAC, Zirakpur, has filed this petition under Articles 226 of the Constitution of India for quashing the notices dated 30.7.2008 and 1.8.2008 issued by the Sub Divisional Officer, Patiala Drainage Sub Division, Patiala.
(2.) IN the aforesaid notices, it has been stated that the petitioner has unauthorizedly covered the 'Singh Nallah Choe' in a length of 150'. The said unauthorized construction is causing obstruction in free flow of rain/flood water and difficulties are being faced while cleaning the Nallah and removal of obstruction from the Nallah. The petitioner was asked to remove the aforesaid covering within a period of 15 days from the receipt of the notice. Keeping in view the rainy season, the second notice was issued directing the petitioner to remove the aforesaid covering by 5.8.2008. It was also made clear in the notice that if the said covering is not removed, then it will be removed by the department at the cost of the petitioner. It is pertinent to mention here that before the aforesaid two notices, notice dated 8.5.2007 was issued by respondent No. 2 to the petitioner to remove the slab which was constructed by the petitioner as the same was obstructing the free flow of water in the vicinity of Singh Nallah Choe.
(3.) THE said notice was issued in pursuance of an order passed in CWP No. 1840 of 2005 (Om Parkash v. State of Haryana, decided on May 03, 2006) wherein a direction was issued to the respondents to take immediate steps to stop unauthorized and illegal squeezing/narrow downing the Singh Nallah Choe at various places. For implementing the said direction, a Committee has been constituted by the intervention of the Chief Secretaries of Punjab and Haryana. Accordingly, a direction was also issued by this Court to the Chief Secretaries to ensure that the Committee should meet regularly so that a decision in the matter is taken as expeditiously as possible.;