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Judgment
Sumeet Goel, J
The present petition has beeen filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamuus, with the following substantivee prayer:
“Hence it is respectfully prayed that this Hon'ble Court may kindlyy be pleased to issue writ of mandamus directing the respondents removaal of illegal encroachment upon the High School Land and not to constrruct/ allow establishment of Waste Segregation shed for the purposee of processing wet and dry waste on the private land that is currently in the use of High Senior Secondary School, Village Kohrian, Tehsil Sunnam, District Sangrur, Punjab and immmediately stop all construction activityy on the said land in the interest of justice, equity and fair play, which is in violation of The Environment Protection Act (1986), The Solid Waste Management Rules (2016), Punjaab State Solid Waste Management Poolicy 2018 and Punjab Panchayati Raj Act (1994).
AND
Further prayer is being made before this Hon'ble Court to issuue a writ of mandamus directing the respondents to consider and use alternative Gram Panchayat land for the construction of Waste Segregation Shed, in accordance with law for the benefit of the common masses in the interest of justice.”
Learned counsel for the petitioners limits his prayer and submits thhat the petitioners would be satissfied, for the nonce, if a direction is issued to respondent No.3 to consider annd take a conscious decision on the representaation (Annexure P-16) made by the petitioners in a time bouund manner.
Notice of motion.
On the strength of the advancce notice, Mr. Salil Sabhlok, Sennior DAG Punnjab, accepts notice on behalf of the official respondents. He submits he has no objection in case the limited prayer made by the learned counsel foor the petitioners, at this stage, iss accepted.
We have heard learned counsel for the rival parties and have perused thhe paper-book with their assistannce.
Keeping in view the entiretyy of facts and circumstances of the case & without going into merits thereof,, the instant petition is disposedd of with a diirection to the Deputy Commisssioner, Sangrur (respondent No.3 herein) too look into the representation (Annexure P-16) moved by the petitioners; objectively consider the grievance(s) raised in the said representaation & take ratiocinated decision thereupon after affordding opportuniity of hearing to petitioners, in acccordance with law, within a perriod of two weeeks from today. Such decision be communicated to the petitionners within fifteen days of it being taken. Keeeping in view the peculiar facttual milieu of the case in hand; it is directed that Deputy Commissioner, Sanggrur shall ensuure that the construction activity etc. at the spot in question be not carried out till such decision by the Deputy Commissioner, Sangrur & communication thereof to the petitioners.
Pending application(s), if anyy, shall also stand disposed off.