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‘Taking the court for a ride’: Punjab and Haryana HC raps Nayagaon civic body over open manholes

The petitioner had flagged the danger posed by open manholes under the jurisdiction of the Nayagaon Municipal Council in Punjab in May.

3 min read
Punjab, Haryana High Court (1)Advocate Kumar produced photographs taken on Monday morning, which, according to him, clearly showed several manholes in Nayagaon still uncovered or damaged. (File)

The Punjab and Haryana High Court Monday came down heavily on the Nayagaon Municipal Council in Punjab for failing to repair or cover 33 open and damaged manholes despite earlier directions, warning that the lapse could attract contempt proceedings.

The division bench of Chief Justice Nagu and Justice Sanjiv Berry was hearing a Public Interest Litigation (PIL) filed by Sher Singh, represented by Advocate Sunil Kumar, seeking urgent directions to cover hazardous manholes in the town to prevent accidents.

“An HC division bench is now dwelling on manholes,” remarked Chief Justice Sheel Nagu.

Advocate Saurabh Verma appeared for the Mohali administration.

Advocate Kumar produced photographs taken on Monday morning, which, according to him, clearly showed several manholes in Nayagaon still uncovered or damaged. “These are not old images. These were clicked today morning,” the court noted after perusing them.

The bench expressed displeasure over the Nayagaon Municipal Council’s inaction. “The orders passed by this court earlier to cover and repair damaged manholes have not been complied with yet. Despite the lapse of so many days, the situation remains the same,” Chief Justice Nagu observed.

Counsel for the Nayagaon Municipal Council contended that all 33 manholes had been repaired and covered following the earlier order; however, the recent rain has caused damage. “The photographs submitted by the petitioner were clicked on May 28 between 7.30 am and 8 am.

After these pictures were taken, all manholes were duly repaired and covered. The only concern is that due to bad weather and waterlogging over the past 10 days, some covers got displaced,” he said, seeking two weeks to file a reply.

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The bench was unconvinced. “How long will we wait? These repairs should have been carried out long ago. The photographs shown to us today clearly reveal several manholes open or in a damaged state. This shows non-compliance,” Chief Justice Nagu said.

Taking a stern view, the Chief Justice remarked, “This court is being forced to do municipal work, which should be performed by the Nayagaon Municipal Council. The executive officer of the municipal council appears to be taking the High Court for a ride.”

The court also questioned the rain excuse, observing: “Manhole covers are made of strong material. They cannot break so easily. If you say this happened within the last week, the petitioner’s affidavit shows otherwise; some of these have been in this condition since June and July.”

Directing accountability, the Punjab and Haryana High Court ordered the executive officer of the Nayagaon Municipal Council to appear virtually at the next hearing. “Let the present state of affairs regarding all manholes and their covers be filed before us. Failing which, this court may proceed in contempt,” the bench warned.

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