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VINOD S. BHARDWAJ
Avtar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
The present petition has been filed espousing a grievance as regards the illegal encroachment on a public street by constructing an escalation slope in front of the house of the petitioner, in violation of the laws.
2. It was averred that as a result of the illegal encroachments done on the public street, the petitioner was facing grave difficulty in reaching his house and that such difficulty was also being faced by other residents of the village in case they carry agricultural transportation vehicles through the public street. The above said encroachment was reflected and established by way of the photographs that had been appended along with the present petition.
3. Pursuant to the notice of motion issued by this Court, a written statement has been filed on behalf of respondents by way of an affidavit of Jagraj Singh, Block Development & Panchayat Officer, Block Sherpur, District Sangrur. In the preliminary submissions thereof, it has been averred as under:
The court emphasized that mutual encroachment does not justify dismissal of petitions regarding illegal encroachments, highlighting the duty of authorities to uphold public access and enforce the law....
Mandamus issued directing survey and removal of encroachment on public street after notice and due process.
Court directs survey and due process for removal of public street encroachments.
Mandamus directs authorities to survey and remove encroachments on public roads after notice and hearing.
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
The court dismissed the petition as the allegations of encroachment by the Jammu Development Authority were found to be unfounded based on the action taken report.
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