111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3934-2025 (O/M)

Date of decision : 21.02.2025 Harbans Singh and others ...... Petitioners Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Chanderpal Singh Bagri, Advocate for the petitioners.

Mr. Navneet Singh, Senior DAG Punjab. Ms. Anu Chatrath, Senior Advocate with Mr. Ratik Kapur, Mr. Nikhil Singh, Advocates for respondent No. 7.

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HARSH BUNGER, J. (ORAL)

1. Petitioners have filed the instant civil writ petition under Articles 226/227 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the show cause notices dated 30.01.2023 (Annexure P-1) and 03.12.2024 (Annexure P-3), issued under Section 172-A (1) of the Punjab Municipal Act, 1911 (in short '1911 Act') by the Executive Officer, Nagar Panchayat, Khamano. A further prayer has been made for setting aside the eviction-cum- demolition order dated 09.12.2024 (Annexure P-5), passed by the Executive Officer, Nagar Panchayat, Khamano, alongwith subsequent, consequential and incidental proceedings thereto.

1.1 Other prayers made in the writ petition including issuance of a writ of mandamus for directing respondents to issue a notification as per proviso of Section 1 (3) of Punjab Abadi Deh (Record of Rights) Act, 2021 (in short '2021 Act') in order to resolve the proprietary rights of abadi deh area; to prepare the record of rights for the land/properties situated in the abadi deh of village Khamano Kalan, District Fatethgarh Sahib; to declare the entire process of demolition and eviction as illegal and null and void; to restore the possession of such land/properties of the petitioners, which have been illegally taken over and demolished by the Nagar Panchayat Khamano, in pursuance to the eviction-cum-demolition order dated 09.12.2024 (Annexure P-5); to reimburse losses caused to the petitioners; to provide compensation to the petitioners and to take penal as well as disciplinary action against the erring officials/employees of the Nagar Panchayat Khamano.

1.2 In the alternative, prayer has been made for directing the respondents to opt legal process for declaring the petitioners as encroachers upon the land of pond within the abadi deh area of village Khamano.

2. Briefly, the petitioners claim that they are lawful owners in possession of the land/properties as detailed in para-3 of the writ petition, either by way of inheritance or by way of sale deeds. The said land/properties are stated to be situated within lal lakir or abadi deh of village Khamano Kalan, District Fatehgarh Sahib. The present writ petition has been filed by the petitioners on the plea that the impugned notices have been issued to them and/or their family members, therefore, they are the affected parties.

2.1 It is the pleaded case of the petitioners that they have not made any kind of encroachment over the land of any pond, as claimed by respondent-Nagar Panchayat. It is stated that infact the Nagar Panchayat had raised boundary wall around the pond in the year 2007, 2008 and 2016 and no issue was ever raised by the Nagar Panchayat questioning the ownership and possession of the petitioners over the land/properties in question. It is further stated that the other inhabitants of the abadi deh area belonging to economically weaker section, scheduled caste and scheduled tribe categories have also constructed their houses over the land in question by availing subsidy under the Pradhan Mantri Awaas Yojna and now, the Nagar Panchayat is alleging those very persons to be illegal encroachers.

2.2 According to the petitioners, the Executive Officer, Nagar Panchayat, Khamano, issued show cause notices to the petitioners on 30.01.2023 under Section 172-A (1) of 1911 Act, alleging that they have made illegal encroachments on the pond area situated within the abadi deh area of Nagar Panchayat, Khamano. The petitioners state that they submitted their respecti