Punjab & Haryana HC directs extension of interim orders till Feb 28 owing to rising COVID cases

Read Order: Court on its own motion v. Union of India and Others

Monika Rahar

Chandigarh, January 24,  2022: Owing to a sudden and alarming surge in the number of COVID cases because of which the situation has turned grim and unsafe, the Punjab and Haryana High Court has re-imposed its interim directions issued on April 28, 2021, with immediate effect and these directions have been directed to remain operative until February 28, 2022. 

In the suo motu proceeding, the Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli heard the Amicus Curiae, the Additional Solicitor General of India, the Advocate General, Haryana and other parties and observed that several Judges of the High Court a huge number of High Court staff and a large number of Advocates got infected with the virus. Thus, the representatives of the High Court Bar Association stressed the need to restore the directions issued by this Court on previous occasions. 

The interim orders which have been ordered to be re-imposed and are to remain operative till February 28, 2022, are as follows-

Along with these specifications, the High Court has also clarified that the time for filing of a written statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, were extended until February 28, 2022. However, it was stated that the parties would not be precluded from filing such written statement or return before February 28, 2022.

The Government or any other local body or instrumentality of the State has been directed to not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession till February 28, 2022.

It has also been directed that any Bank or Financial Institution should not take action for auction in respect of any property of any citizen or party or any Body corporate till February 28, 2022 subject to the clarification issued by this Court vide orders dated August 20,2021 and September 23,2021 restricting its applicability.

If Government or any other entity is required by the order of High Court or any Court subordinate to it or the Tribunals, to do a particular thing or carry out a certain direction in a particular manner, which is going to expire, the time for compliance of such order has now been extended up to February 28, 2022, unless specifically directed otherwise by the Court concerned; subject to the fact that the aforesaid prohibition shall not apply to the orders/ directions, which were required to be complied with and are meant for the benefit of the litigant or public at large. 

Further, to clear ambiguity, the Court also passed certain directions that those interim orders / directions, which are not for a limited duration and are to operate until further orders, shall by this order remain unaffected.

In case extension of interim order as per the present order passed by this Court, causes any undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application before the Competent Court, Tribunal, Judicial or Quasi-Judicial Forum, and these directions shall not be taken as a bar for such Courts/Forums to consider such application filed by the aggrieved party, on its own merit, after due notice and providing opportunity of hearing to the other side, added the Court.

These directions will not preclude the States or Union Territory, Chandigarh or CentralGovernment from moving appropriate application for vacation/modification of such order in any particular case for reason of overriding public interest and all Courts, Tribunals, Judicial and Quasi-judicial authorities have been directed to abide by these directions, and the parties seeking relief covered by these directions can file hard copy or soft copy of this order before the competent court/forum, which shall be given due weightage.

The matter is further listed for February 24, 2022.