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Shanti Devi and Another vs S.K. Singh

Punjab And Haryana At Chandigarh · Decided on 16 November 2010 · Citation: (2010) 11 P&H CK 0319

HON’BLE JUDGES
Hemant Gupta, J
CASE NUMBER
COCP No. 1732 of 2010
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Judgment

6 paragraphs · 346 words

Hemant Gupta, J.—The Petitioners filed a writ petition wherein a direction was issued to the Deputy Commissioner, Fatehabad to take action in respect of Annexure P-9/1 in the writ petition with police help, if necessary. Annexure P-9/1 is a document wherein the Petitioners have pointed out encroachment on the public land.

2.

Since the encroachment was not removed, the Petitioners filed the present contempt petition in which an affidavit dated 10.11.2010(Annexure R-1) was filed wherein the Deputy Commissioner has written to the Commissioner and Secretary to Government Haryana, PWD B&R Department, Chandigarh that all encroachments numbering 44 have been removed by the Executive Engineer, PWD B&R. In the affidavit filed by the XEN, it is pointed out that after the removal of encroachment, some persons again encroached the road, as a result of which, the Duty Magistrate was appointed at the site to avoid any breach to peace and to clear the encroachments.

3.

Today another affidavit has been filed pointing out that all the encroachments on the road in question, i.e., Bhuna Road to Khema Khati Aara COCP No. 1732 of 2010 2 Road, Fatehabad has been cleared on 13.11.2010, as per the demarcation given by the Revenue Department and there is no encroachments on the road.

4.

Learned Counsel for the Petitioner contends that the encroachments have been allegedly removed by getting fresh demarcation on 26.10.2010. By such demarcation process, number of encroachments which were mentioned in Annexure P-9/1 has been left out.

5.

The question whether demarcation has been carried out properly on 26.10.2010 or not, cannot be examined in the present contempt proceedings. The direction of this Court was to take in accordance with law. In the process of demarcation alleged carried out by the authorities, certain encroachments have been found and such encroachments have been removed. Therefore the orders passed by this Court has been complied with.

6.

In view of the above, the petition stands disposed of. The Petitioners are at liberty to seek such remedy as may be available in respect of remaining alleged encroachments in accordance with law.