C.W.P. No. 5061 of 2007 1 In the High Court of Punjab and Haryana at Chandigarh ...... C.W.P. No. 5061 of 2007 Date of decision:.07-02-2008 Chetan Dass .....Petitioner Vs. State of Haryana and others .....Respondents .... Coram: Hon'ble Mr. Justice K.S.Garewal Hon'ble Ms. Justice Daya Chaudhary Present: Mr. Rajesh Arora, Advocate, for the petitioner. Mr. L.R.Nandal, Assistant Advocate General Haryana, Mr. Rajesh Lamba, Advocate, for respondent No.2 Mr. Sachin Mittal, Advocate, for respondents No.3 and 4 ..... K.S.GAREWAL, J. The dispute in this petition is between Chetan Dass petitioner on the one hand and his neighbours, two brothers Narinder Kumar and Anil Kumar on the other. The petitioner alleges that the respondents had illegally constructed a basement in their property without getting proper site plan sanctioned from Municipal Committee. The petitioners had filed a complaint on March 14, 1997 regarding the illegal basement but no action was taken. The respondents started construction above the basement, by covering 100 per cent covered area whereas they were only entitled to cover 50 per cent, the Municipal C.W.P. No. 5061 of 2007 2 Committee still took no action. This led the petitioner to file a civil suit for mandatory and permanent injunctions before Civil Judge, Junior Division, Gurgaon. The petitioner's suit for mandatory injunction was decreed on November 22, 2005 and a decree was passed directing the respondents to remove the constructed portion AGHI and also remove the encroachment on the said portion. There was a further direction that the respondents shall remove the basement which had been constructed illegally. In appeal before learned District Judge filed by the respondents the decree was partly modified. The petitioner's suit for removal of the basement was dismissed. However, it was clarified that the Municipal Committee would be at liberty to proceed against the respondents for removal of the unauthorized and illegal construction of the basement of the disputed property. Notice of motion was issued and respondents No.3 and 4 filed a short reply. It was stated that in the appeal filed before the Additional District Judge the finding of the Trial Court regarding petitioner's right to remove the basement had been dismissed. Apart from this their Regular Second Appeal was still pending. We have examined the judgment and decree passed by the learned Civil Judge, Junior Division as modified by learned Additional District Judge. We find that while the Trial Court had directed the removal of the basement, the first Appellate Court had dismissed the suit regarding the removal of the basement. We are unable to accept the petitioner's contention that the basement was illegal and was required to be removed. The matter of illegality or otherwise of the basement is to be considered by the Municipal Committee. If the basement is illegal it would be closed or sealed but this is C.W.P. No. 5061 of 2007 3 the matter for the Municipal Committee to decide. Therefore, we find no merit in this petition and dismiss the same. ( K.S.GAREWAL) JUDGE (DAYA CHAUDHARY) JUDGE February 7, 2008 RSK NOTE : Whether to be referred to the Reporter or not? Yes