CWP No. 5776 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5776 of 2011 Date of decision:- 31.03.2011 Ram Dhani son of Sh. Nandu Ram r/o H. No. 310, Ward No. 6, Ladwa, Kurukshetra, District Kurukshetra. ...... Petitioner Vs State of Haryana and others. ......Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. V.K. Gupta, Advocate, for the petitioner. Mr. Anil Rathee, Additional Advocate General, Haryana. * * * * RANJAN GOGOI, C.J. (ORAL) This PIL has been filed seeking an order for removal of encroachment from the drainage constructed by the HSIDC in Ladwa District, Kurukshetra. It is alleged that illegal constructions have been raised by the respondents No. 4 to 10 and such constructions are without the consent and permission of the Municipal Corporation. The petitioner has also brought on record a communication dated 30.06.2010 (Annexure P3) received by him from the Secretary, Municipal Committee, Ladwa under the provisions of the Right to Information Act, 2005. By the said communication, the Secretary of the Municipal Committee has informed the petitioner that the Municipal Committee CWP No. 5776 of 2011 2 had already requested, in writing, the Sub Tehsildar, Ladwa for demarcation of land of the drainage which starts from tube-well No. 28. However, the report of such demarcation has not been received by the Municipal Committee. It is further stated, on behalf of the Municipal Committee, that once the details of demarcation are made available necessary action in law will be taken. In view of the fact that the Municipal Committee has already requested the Sub Tehsildar, Ladwa to carry out a demarcation of the land in question and submit a report to the Municipal Committee, we had asked Mr. Rathee, learned Additional Advocate General, Haryana whether it would be feasible to dispose of the writ petition, at this stage, by issuing a suitable direction to the Tehsildar/Sub Tehsildar, Ladwa to carry out the demarcation and submit the report thereof to the Municipal Committee. In response, Mr. Rathee, learned Additional Advocate General, Haryana has submitted that such an order may be passed by the Court and directions may be issued to the Tehsildar/Sub Tehsildar, Ladwa to complete the demarcation and submit the necessary report to the Municipal Committee within a period of ten days from today. In view of the above, the Tehsildar/Sub Tehsildar, Ladwa is directed to carry out the demarcation and submit the report of such demarcation to the Municipal Committee, Ladwa within a period of two weeks from today. Thereafter, the Municipal Committee, Ladwa is directed to take necessary follow up action in the matter as enjoined by law. CWP No. 5776 of 2011 3 PIL shall stand disposed of in the above terms. (RANJAN GOGOI) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 31.03.2011 Amodh