IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J.
Birbal Dass - Petitioner - Appellant
Versus
Director, Local Government, Chandigarh and others - Respondents - Respondent
CWP-15197 of 2019 (O&M)
Decided On : 07-07-2023
demarcation - land dispute - The court directed the respondents to conduct demarcation of the disputed land within two weeks from the date of receipt of the order.
Fact of the Case:
The petitioner sought direction for demarcation of land due to encroachment by the public street on his property.
Finding of the Court:
The court found that the demarcation report confirmed the encroachment on the petitioner's land and directed the respondents to conduct demarcation of the disputed land.
Issues: Encroachment on petitioner's land, failure of respondent-Municipal Council to conduct demarcation.
Ratio Decidendi: The court relied on the demarcation report and the failure of the respondent-Municipal Council to conduct demarcation in ordering the demarcation of the disputed land.
Final Decision: The court disposed of the petition with a direction to the respondents to conduct demarcation of the land of Municipal Council bearing Khasra No.1//12/2 within two weeks from the date of receipt of the order.
RAJESH BHARDWAJ, J.
1. Petitioner has approached this Court praying for issuance of direction to respondents to conduct demarcation of land bearing Khasra No.1//12/2 as mentioned in application dated 18.02.2019.
2. It has been contended by learned counsel for the petitioner that grievances raised by the petitioner are virtually admitted by the respondents in the demarcation report dated 22.02.2019 (Annexure P-13). He submits that this demarcation was pertaining to the land of the petitioner bearing Khasra No.1//12/3/2/1 and after the demarcation it was specifically found that the public street existed at the spot in the said Khasra number and inter lock tiles have been affixed on the said land. He submits that from the demarcation report, it was confirmed that there was an encroachment on the land of the petitioner as the public street is made on his land, which should have been in the land of the respondent-Municipal Council. He submits that the petitioner filed a representation before the respondent-Municipal council for carrying out demarcation of land of Municipal Council so that the encroachment on the land of the petitioner could be removed, however, the respondent-Municipal Council till date has not carried out demarcation on its land bearing Khasra No.1//12/2 situated at Maur Khurd.
3. Learned counsel for respondent No.8-Municipal Council has fairly submitted that the respondent-council would get its land demarcated from Revenue Authorities.
4. After hearing learned counsel for the parties and perusing the record, the present petition is disposed of with a direction to the respondents to get demarcated the land of Municipal Council bearing Khasra No.1//12/2 within two weeks from the date of receipt of certified copy of this order and thereafter proceed further in accordance with law.
Order accordingly.
The main legal point established is the court's authority to direct demarcation of disputed land based on evidence of encroachment and failure of the relevant authority to take action.
The plaintiff's appeal against the dismissal of her suit was rejected as the demarcation report showed lawful encroachment on government land.
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