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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Jitender – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
G.S. Sandhawalia, J. (Oral)
The challenge is to the demolition orders, dated 17.04.2023 (Annexures P-16 to P-20), which have been upheld in the appeal on 15.05.2023 (Annexure P-22). Apparently, show causes notices were issued under Section 408A (1) of the Haryana Municipal Corporation Act, 1994, on 27.03.2023 (Annexure P-14) to the petitioners herein regarding the unauthorized encroachment of 'Khasra' No. 47, Village Dhana, within the limits of Municipal Corporation Manesar. The encroachment qua all the petitioners mentioned as under:-
| Petitioners Name | Petitioners Nos. | Encroachment land in square yards |
| Satender & Jitender | Petitioners No. 1 and 2 | 94.78 square yards |
| late Sh. Virbhan | Father of Anil Kumar petitioner No. 3 | 76.98 square yards |
| Karambir | Petitioner No. 4 | 188.56 square yards |
| Chanderbhan | Petitioner No. 5 | 266.22 square yards |
| Kuldeep | Petitioner No. 6 | 69.43 square yards |
2. Resultantly, the said persons were asked to appear on 03.04.2023 to show cause as to why they should not vacate the premises of building/land or building/structure constructed thereon or to restore the site to its original state. They were asked to ca
The central legal point established in the judgment is the requirement to grant a personal hearing to the affected persons during demarcation proceedings, as mandated by Rule 170 of the Delhi Land Re....
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
The Superintendent Engineer validly issued a demolition order under delegated authority, despite challenges regarding notice and natural justice, affirming the necessity of judicial efficiency in mun....
Illegal construction on government land without ownership or permission does not entitle the petitioners to challenge the Corporation's action. The Corporation's offer of alternative accommodation ma....
The court emphasizes the obligation of the DDA to ensure procedural fairness to those affected by its actions, upholding the petitioners' objection regarding the lack of a fair hearing before the dem....
The executing Court has the power under Order XXI Rule 32(5) to order necessary demolitions to enforce a decree for permanent injunction despite such powers not being explicitly stated in the origina....
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