Governance failure leading to increase in avoidable litigation: high court
Taking note of the lackadaisical attitude of the government functionaries failing in performance of the statutory functions at the basic level, ultimately forcing the citizens to approach the courts, the Punjab and Haryana high court has remarked that it is a facet of governance failure.
The comments came from division bench comprising chief justice Sanjay Kishan Kaul and justice Arun Palli while hearing a public interest litigation highlighting illegal encroachments in streets of Jind municipal council despite numerous representations by the petitioners to the concerned authorities up to the level of principal secretary, urban local bodies department, Haryana.
“We fail to appreciate such inaction. It is the local bodies and municipal authorities’ responsibility to ensure that such encroachments do not take place and there is proper governance at the basic level,” the court said. It further added: “The non-performance of the statutory functions by these authorities is compelling the residents to approach this court in PILs not only in this matter but in various other matters. This is an aspect, in our view, of governance failure.”
The court issued stern directions to take necessary remedial action with the police force, if required, and to file a status report within six weeks’ period under signatures of the principal secretary of urban local bodies department, Jind deputy commissioner and executive officer of the municipal council.
The petitioners had highlighted illegal construction in Hanuman Gali, Ded Raj Mohalla, Sheetalpuri Samadhwali Gali, Khatio Wali Gali, Mishra Mohalla and Gali Aggarwal Panchayati in Jind. The court was informed that illegal constructions had reduced the eight to 16 feet wide streets in the range of three to seven feet.
The court also put the officials concerned and the state government to caution that if even after removing such encroachments any fresh encroachment took place that would amount to a violation of the court directions.