SIR,
Five petitioners from a private colony filed CWP 7651/2016 in Punjab and Haryana High Court against violations committed by coloniser .Coloniser did not develop certain community sites even after 20 years of commencement of colony ie 1996.Honouble Court disposed off the said CWP on 27.4 2016 giving 4 months to deptt town and country planning(DGTCP) and other respondents to listen to grievances and take a decision. When DGTCP did not take any action in 4 months, the Five Pettioners filed COCP against all the respondents( State of Haryana represented by DGTCP Haryana ,Deputy Commisioner Panchkula and Tehsildar Kalka and coloniser ) .DGTCP being senior respondents called petitioners for hearing along with coloniser on 29.6.2017 and passed many directions (good and bad) including the one which is OBJECTIONABLE and infringed rights of residents and existing RWA's.His order reads as under :-
" As there are 2-3 RWA's (all registered) in the colony,therefore it is not possible to have proper aassessment of the requirement of most of residents.In order to sort out the issue ,the DC and DRFS are hereby directed to get electral rolls of colony completed and get elections conducted for constitution of single RWA for the entire colony."
Five petitoners belong to one RWA called DWAAR. We dont accept this order as it has been passed by one of the respondents in our COCP. This respondent (DGTCP ) is assisting coloniser to cover up violations .
Question :-
1. Can one of the respondents in COCP pass directions to desolve all RWA's and have only one RWA?
2. This direction infringes our democratic and constitutional rights under Art 19 of constituation.Hence has no validity .
3. What happens if DWAAR members (about 40) refuse to participate to create one RWA under abobve directions of A Deptt Head who himself is RESPONDENT in ongoing COCP.
4. Can under this order, DC and DRFS dissolve all other existing RWA's ? If they do dissolve our assn/RWA what is the remedy.
Regards,
BS Rangi (President of DWAAR and one of the Five Petitioners in above COCP. 23 jul 2017.
