CWP No.20804 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.20804 of 2012

Date of decision:06.02.2013

Amit Kumar and another

...Petitioners

Vs.

State of Haryana and others

...Respondents

CORAM:

Hon'ble Mr. Justice A.K.Sikri, Chief Justice

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Dr. Nonish Kumar, Advocate,

for the petitioners.

Mr. Kulvir Narwal, Addl. A.G., Haryana.

Mr. R.S.Kundu, Advocate,

for respondent No.6.

Mr. P.K.Rohilla, Advocate,

for respondent Nos.7 to 11 & 13.

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A.K.Sikri, C.J. (Oral)

In this PIL filed by the petitioners, the petitioners have alleged

that respondent Nos.7 to 13 are encroaching upon the agricultural land

near Mangal Colony, Karnal and are raising unauthorized construction.

The replies are filed by respondent No.2, respondent Nos.3

and 4 as well as respondent No.5.

Respondent No.2-Irrigation Department, Government of

Haryana, has specifically stated that the land in dispute does not belong to

the Irrigation Department and it is the private property of the private land

CWP No.20804 of 2012

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owners, therefore, allegations in the petition of encroachment upon the

said land by respondent Nos.7 to 13 are not correct.

Insofar as the construction on the land by the colonizers is

concerned, in the reply filed by respondent No.5, namely, District Town

Planer, Karnal, it is specifically stated that the said respondent has

forwarded a complaint for lodging an FIR against the illegal colonizers as

well as the property dealers. Copy of the said complaint is annexed as

Annexure III. This was preceded by statutory notices given to these

colonizers. It is also mentioned that even the demolition drive was carried

out by the Town Planner and the report in that behalf is filed as

Annexure IV.

From the aforesaid pleas taken by the respondents, it is clear

that the purpose of this petition stands served. However, it is made clear

that since respondent No.5 himself accepts that the construction is

unauthorized, he will ensure that no further construction comes up and he

will also ensure that the FIR is duly registered, investigated and challan

filed in the Court for prosecuting the illegal colonizers.

The writ petition is disposed of in the aforesaid terms.

(A.K.Sikri)

Chief Justice

(Rakesh Kumar Jain)

Judge

February 06, 2013

vinod*