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2017 Supreme(P&H) 1024

AJAY KUMAR MITTAL, AMIT RAWAL
Diamond Avenue, Green Field, Karan Vihar Society, Majitha Road, Amritsar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.S. Toor
For the Respondents: Mr. Shireesh Gupta, Mr. Ashwani Prashar, Mr. Harminder Singh

JUDGMENT :

AMIT RAWAL, J.

1. Petitioner-Diamond Avenue, Green Field, Karan Vihar Society, through Sukhbir Singh being Social Worker/Volunteer, has preferred the present Public Interest Litigation claiming the following relief:-

“Petition under Article 226/227 of the Constitution of India for issuance of writ in the nature of Mandamus directing the respondent No.2, 3 and 4 to remove the respondent No.5 from the premises owned by the Municipal Corporation reserved for parking and park of the residents of the petitioner colonies which has been illegally encroached upon by the respondent No.5 and has installed the small scale cement block making industry and has created hazard for the public by making dirty water pond to produce snakes and other dangerous animals and mosquitoes to spread dengue/Malaria in the area.

Further for issuance of any other appropriate writ, order or direction as this Hon'ble Court may deem fit in the circumstances of the case.”

2. Mr. S.S. Toor, learned counsel representing the petitioner-Society submitted that the colony aforementioned was approved by the Municipal Corporation Amritsar in the year 2000. Father-in-law of respondent No.5-Avtar Singh and his brother














































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