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2017 Supreme(P&H) 2067

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice S.S. Saron
Hon’ble Mr. Justice Avneesh Jhingan
CWP No. 3159 of 2017 (O&M)
Peoples Cause - Non-Government Organization & Anr.
v.
State of Haryana & Ors.
{Decided on 17/07/2017}

Advocates:
For the Petitioners:Mr. S.K.S. Bedi, Advocate.
For the Respondent: Mr. S.S. Pannu, DAG Haryana

Headnote:(A) Maintainability of Public Interest Litigation Rules, 2010--Locus standi to file PIL--NGO filing a petition in the nature of public interest is liable to show (1) its status and its constitution; (2) it is liable to disclose whether it has been authorized to file such a litigation, and if so, by whom; (3) whether it has the funds to indulge in such a litigation and (4) whether it has the backing of a majority of its members for such a litigation. (Para 11)

       (B) Constitution of India,1950, Article 226--Public Interest Litigation--Encroachment on land acquired for flow of traffic from Ambala to Hisar--Petition dismissed--Held;

       (i) Encroacher have already obtained interim injunction from civil court against demolition;

       (ii) Land was not required for constructing highway;

       (iii) Petitioners had alternative remedy to approach authorities under HUDA Act, 1977.

       

JUDGMENT

Mr. S.S. Saron, J.:- Mr. S.S. Pannu, learned Deputy Advocate General, Haryana, has submitted status report by way of an affidavit of Mr. Vivek Joshi, IAS, Commissioner, Ambala Division, Ambala. The report is taken on record.

2. Heard learned counsel for the parties.

3. The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for directing the respondents to remove the encroachments from the acquired land measuring 3 kanals 4 marlas (1935 sq. yards), as detailed in the head note of the petition.

4. According to the petitioners, the said land is in illegal occupation of various persons, who are creating hindrances in the proper flow of traffic at Manav Chowk, Ambala as well as on the highway from Ambala to Hisar.

5. A further prayer has been made by the petitioners for directing a Court monitored investigation into the illegalities and irregularities in the management of the aforesaid land, as despite the payment of compensation vide award No.13 of 1988 to the land owners after acquisition of the said land by the Haryana Urban Development Authority (‘HUDA’ - for short), the illegal occupation continues. A still further direction has been sought for recovering the charges from the illegal occupants of the land in question, for the use and occupation of the encroached land.

6. The petitioner No.2 - Sh. S.K.S. Bedi, Advocate, it is stated, is the convener of ‘Peoples Cause’, (petitioner No. 1), which it is stated is a Non-Governmental Organization (NGO). Petitioner No.2 submits that he is aware of the topography of Ambala Cantt, Ambala City and the surrounding areas. He has filed the petition in the nature of public interest litigation for the benefit of public of Ambala Sadar and for the removal of the encroachments from the ‘excised’ (sic.) area, Ambala Cantt., Baldev Nagar Camp, Ambala City, besides, the illegal acts of the Sub-Registrar, Ambala Cantt. and the State of Haryana for not getting the sale deeds registered by Sub-Registrar, Ambala Cantt. Another petition, it is stated, was filed for removal of the encroachments from the Babyal Road, Ambala Cantt. The petitioners, it is stated, have no personal interest in the subject matter of the present writ petition.

7. It has been noticed that petitions are being filed in this Court by various NGOs claiming themselves to be acting in public interest. It is, however, not mentioned whether the NGO that is filing the petition has been authorized to file such a petition and if so, by whom; besides, who are its members and also whether it has the necessary funds to file such a petition.

8. Hon’ble the Supreme Court in Bhartiya Homeopathy College v. Students Council of Homeopathy, (1998) 2 SCC 449, considered the case where a petition had been filed by the Students’ Council of Homeopathy, Medical College, Jaipur. The Rajasthan University pursuant to an application for affiliation made by the appellant college at Alwar in the said case for B.H.M.S. degree course by its letter dated 23.01.1994 granted provisional affiliation for B.H.M.S. degree course to the appellant college at Alwar for the session 1993-94 in preparation for its first B.H.M.S. examination 1994, second B.H.M.S. examination 1995, third B.H.M.S. examination 1996 and fourth B.H.M.S. examination 1997 subject to the fulfilment of the conditions laid down in that letter. The students of this college who were admitted in the first year B.H.M.S. Course in the year 1993-94, thus, became entitled to appear in the examinations of the Rajasthan University leading to the degree B.H.M.S. Subsequently, on 06.04.1995, the Rajasthan University granted provisional affiliation to the appellant college at Alwar for the academic session 1994-95 in similar terms and by a letter dated 02.04.1996, it again granted provisional affiliation to the said college for the academic session














































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