C.W.P NO. 5729 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 5729 OF 2008 DECIDED ON : 05.05.2009 Heera Dhir ...Petitioner versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. M. S. Sidhu, Advocate, for the petitioner. Mr. G. S. Attariwala, Additional AG, Punjab. Mr. R. S. Bajaj, Advocate, for respondent No.2. Mr. Suveer Sheokand, Advocate, for respondent No.3. SURYA KANT, J. (ORAL) The petitioner alleges unauthorized and illegal demolition of his commercial property, namely, a shop by the authorities of Municipal Corporation, Ludhiana at the instance of respondent No.3, who is a Municipal Councilor elected from Ward No.8. Notice of motion was issued and in response thereto, counter-affidavits have also been filed. C.W.P NO. 5729 OF 2008 -2- Learned counsel for the parties have been heard at some length and the records perused. Learned counsel for the petitioner does not dispute that a Division Bench of this Court has already issued time bound directions in a Public Interest Litigation to the municipal authorities including respondent No.2-Corporation to remove all the encroachments. He, however, contends that the alleged encroachment made by the petitioner is on the rear side whereas the front portion of the shop has been demolished. He undertakes that the unauthorized construction/illegal encroachment, if any, shall be removed by the petitioner at his own within a period of two months. In view of the above given undertaking, the writ petition is disposed of with a direction that the petitioner shall remove the illegal/unauthorized construction or encroachment, if any, before 10.07.2009. An authorized officer of the respondent- Corporation shall thereafter visit the premises and submit report as to whether or not the desired action has been taken by the petitioner. In case it is reported that the petitioner has not completely removed the encroachments/illegal construction, a notice to that effect shall be issued one month's more time shall be granted to him to do the needful. Learned counsel for the respondent-Corporation, however, appears to be right in observing that the learned Civil Court at Ludhiana may not interfere in the matter when action is C.W.P NO. 5729 OF 2008 -3- being taken to comply with the directions issued by this Court. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MAY 05, 2009 (SURYA KANT) shalini JUDGE