Wild Growth Of Cannabis: Punjab & Haryana High Court Raps Chandigarh Admin, Municipal Corp For Casual Approach, Directs It To Take Stern Steps To Clear Plants

The Punjab & Haryana High Court has rapped Chandigarh Administration and Municipal Council for its lackadaisical approach in clearing the wild growth of Cannabis in the city.

Justice Sanjeev Prakash Sharma and Justice Sandeep Moudgil said, "This Court is amazed at such response wherein a casual affidavit has been filed (Municipal Corp.) Such an issue needs to be addressed with all seriousness and a special team of staff including the labour must be deployed to ensure that no such wild growth of cannabis plant ever grows again but it does not seem to be the intention of Municipal Corporation, Chandigarh."

Expressing dissatisfaction with the manner the growth is removed, the Court said, "in most of the photographs, it is further evident that after cutting down of such wild growth of cannabis, a part of it is still lying scattered at that very spot itself though major part or it has been transported but to which place or what has been done to those cut-out cannabis has not been explained by the Senior Standing Counsel, UT Chandigarh."

Perusing affidavit filed by Chandigarh Administration, the Court said, it "is also almost to the similar footing wherein machinery used is visible but in the pictures...collectively, such wild growth is visible and the manner of removing these plants is identical that is by cutting down but not being uprooted from that place."

"The action taken by the authorities so far on behalf of the UT Chandigarh Administration is totally unsatisfactory," it remarked.

The bench said that earlier it refrained from passing any harsh order inviting UT Administration "to take more stern steps i.e. by uprooting such wild growth from the roots itself and also to place on record the action plan to restrain its growth during the rainy season which would flourish and mushroom such wild growths."

In the last proceeding the Court had also asked Governments of Punjab & Haryana to apprise the Court with regard to the "steps being taken by the States/UT Chandigarh in matter of wild growth of Cannabis. However, the bench noted that both the states "have not filed any affidavits".

The State counsels of Punjab and Haryana submitted that meetings of the Chief Secretaries of the respective States have taken place with the concerned Heads of the Department and directions have been issued to take necessary action.

"Such clandestine stand taken by both the learned State counsels for Punjab and Haryana is condemnable and not accepted by this Court," the division bench remarked.

While posting the matter for May 28, the Court said, "one more opportunity is granted to the respondents to do the needful within one week..."

It also requested Advocate Generals of Punjab and Haryana, to assist the Court on the next date of hearing on the issue in hand.

Balbir Singh @ Panju. v. State of Punjab

Ashok Giri, Advocate for the applicant/appellant

Saurabh Kapoor, Addl. AG Punjab

 Tanisha Peshawaria, DAG Haryana

Sourabh Goel, Sr.Panel Counsel, UOI, NCB & UT Chd.

Amit Jhanji, Senior Standing Counsel, UT Chandigarh with  Sanjiv Ghai, Advocate and Parminder S. Kaul, Advocate for UT Chandigarh and MC Chandigarh.

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