IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Civil Writ Petition No. 4115 of 2008

Date of decision: 9^th October, 2009

Col. Sartaj Singh Sohi (Retd.) and another

… Petitioner

Versus

State of Punjab and others

… Respondents

CORAM:

HON’BLE MR. JUSTICE T.S. THAKUR

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:

Mr. R.S. Bajaj, Advocate for the petitioners.

Mr. Rupinder Khosla, Additional Advocate General, Punjab

for respondents No.1 to 3.

Mr. Jatinder J.C. Nagpal, Advocate for respondent No.6.

Mr. Arun Palli, Senior Advocate with

Mr. Tushar Sharma, Advocate for respondents No.7 to 14.

Notes: 1.

Whether Reporters of local newspapers may be allowed to

see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

KANWALJIT SINGH AHLUWALIA, J.

Residents of Kewal Vihar Society, Jalandhar (hereinafter

referred to as, ‘the Housing Society’) have allegedly committed violations

of sanctioned building plan. Some of these violations are major in nature,

which call for resumption of houses/ flats. Some, being minor, are liable to

be condoned. There are allegations of various encroachments by the

Civil Writ Petition No. 4115 of 2008

residents, on the Housing Society land by raising a permanent or

temporary structure. It is stated that the residents of the Housing Society

have committed minor encroachments by covering the outer part by laying

Quota Stone/ Plain Cement/ Concrete or by other material like Marble and

had merged this outer part with their houses. These alleged

encroachments have been done by the allottees of the Housing Society on

periphery. Major encroachments pointed out include construction of

permanent structures like roof (single/double storey), erection of walls or

installation of temporary gates to use public area exclusively for the

benefit of encroachers. It is alleged in the writ petition that in this manner,

members of the Housing Society have been deprived of the use of

common land. The allegations regarding violation of the sanctioned

building plan and instances of encroachments enumerated have lead two

residents of the Housing Society to file present writ petition, purportedly in

public interest, praying that the respondents be directed to remove the

illegal encroachments done on the public land by the residents of the

Housing Society with a further prayer that criminal cases be registered

against the encroachers and this Court should ensure that no

encroachment takes place on the public land in future.

This writ petition, after completion of the pleadings, has

ended up in raising another question of significant importance, as to who

will be responsible and duty bound to remove the encroachments and

cure the violations of sanctioned building plan committed by the residents

of the Housing Society, as the respondent to the writ petition have refused

to own this responsibility and instead has shifted the onus upon one or the

another.

The writ petitioners claim themselves to be the residents of

the Housing Society and they have projected in the writ petition that they

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Civil Writ Petition No. 4115 of 2008

are deeply concerned with encroachments done on public land of the

Housing Society by certain residents of the locality. They have averred

that the members of the Housing Society were allotted the land for

construction of their houses. By raising boundary walls or putting barbed

wires/grills, they have covered the common area of the Housing Society

for their exclusive use. It is further alleged that some members of the

Housing Society have raised permanent construction on the public land. In

support of this, they have attached photographs also. It is further

submitted in the writ petition that the Kewal Vihar Cooperative Housing

Maintenance Society Limited respondent No.6 (hereinafter referred to as,

‘the Maintenance Society’) and it