The Punjab and Haryana High Court has dismissed a Public Interest Litigation (PIL) over a dispute that a particular construction made some 35 years ago, was converted for commercial use in 2000 and was being used as such, causing nuisance to the neighbours.
The grievance raised is that the area in which the said building stands and is being used for commercial purpose, is a residential area.
The petitioners have not been able to satisfy the Court about delay and latches with which they have approached the Court.
Even otherwise order dated 22.11.2022, passed by the Commissioner, Municipal Corporation, Batala, disposing of the representation of the petitioners, reveals as under:-
“As per the visit and report of Municipal Council Batala, the government school as mentioned in this application is very much far away from the said building. There is no complaint from the ESI Dispensary and as per the record of the office, there is no complaint from the locality of Dharampura Colony. As per the report of the office, there is no complaint by the police.”
From the above, the Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted that the petition suffers from delay and latches, which have not been explained by the petitioners.