'Insensitive To General Public's Convenience', High Court Raps Police For Closing Punjab CM House Road, Directs To Open On Experimental Basis

The Punjab and Haryana High Court has called for opening up the road to the Punjab CM's residence on an experimental basis. The path was blocked for security purpose during 1980 terrorism.

The bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also criticized the Haryana government's proposal to close the road in front of their Chief Minister's residence, citing some threat perception "based on a figment of imagination of the authorities".

"The various threat perceptions have been mentioned which we do not want to elaborate and we all feel that the inputs as such regarding the threat of drones and the RPGs being used would go on to show that the opinion is based on a closed mind-set of the authorities who are insensitive to the general public's convenience. Not a word has been averred in the affidavit regarding the law which has been laid down by the Apex Court...regarding the usage of public roads," it said.

The Court has now directed the Director General of Police and Senior Superintendent of Police, U.T., Chandigarh to "formulate a traffic management plan as how to ease the traffic congestion by opening the road on experimental basis" from May 01.

It further suggested that the road should be opened on working days from 7.00 AM to 7.00 PM initially as it would ease the traffic situation on working days.

The bench was dealing with a suo moto case from the year 2021 on development plans of Chandigarh amid rising vehicle and traffic issues in the city. Previously, the Court had noted that, "Roads cannot be closed in perpetuity" when most of the times Chief Ministers are not even being there and travelling for work outside the Union Territory.

If the said principle is to be applied, then the roads behind the Judges' Houses and the residence of the Chief Justice would also require similar measures, which would lead to even access to the High Court being curtailed.

"Lord Acton's quote that “Power tends to corrupt and absolute power corrupts absolutely” would aptly apply to the police authorities who apparently are unaware of the said observation while seeking to pay lip service to the persons concerned while blocking access to the lawyers and general public who reside in Naya Gaon (a nearby village in Punjab) to approach the High Court by the shortest route," Court said.

Metro Plan In Chandigarh Tricity To Be Acted Upon

On issue of metro plan in Chandigarh Tricity, the Court said that, "the issues of cost over-runs on providing the under-ground transit facility for metro coaches and further providing facilities for parking of coaches in the near vicinity also need to be elaborated by the Union Territory, Chandigarh as well as the States of Punjab and Haryana by filing appropriate affidavits."

The proposed mobility plan for Chandigarh Tricity which has been acted upon shall also be positively acted upon by the State of Punjab and there is no tangible reason as such for the State of Punjab to drag its feet on the same since it is going to be a beneficiary of the said mobility plan which will not only benefit the people visiting Chandigarh, but also the officials who have to travel to Chandigarh from distant parts of Punjab, it said.

Adding that a decade has already gone by on account of feasibility aspects, the Court said, "the concept as such of providing a seamless access into the heart of the city by way of the proposal as such needs to be acted upon and given a commensurate effect."

The matter is listed for May 13, for further consideration.

Shiv Kumar Sharma, Advocate, for the petitioner in CWP-13351-2018.

Amrinder Singh, Advocate (Amicus-Curiae), in CWP-PIL-113-2021.

Satya Pal Jain, Additional Solicitor General of India, with Saigeeta Srivastava, Senior Panel Counsel, for the respondent – UOI.

Amit Jhanji, Senior Standing Counsel, with Sumeet Jain, Additional Standing Counsel, for U.T. Chandigarh in CWP-13351-2018.

Parminder Singh Kanwar, Additional Standing Counsel, for U.T., Chandigarh in CWP-PIL-26-2018.

Sanjiv Ghai, Advocate for the respondent – Municipal Corporation, Chandigarh.

Manish Bansal, PP U.T., Chandigarh, J.S. Toor, APP U.T., Chandigarh, Navjit Singh, Advocate.

Title: Aneet Goel v. Union of India and others

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