C.W.P NO. 4301 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4301 OF 2008 DECIDED ON : 30.03.2009 Harpyari and others ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sachin Mittal, Advocate, for the petitioners. Mr. R. D. Sharma, Senior DAG, Haryana, for respondents No.1 to 4. Mr. Rameshwar Malik, Advocate, for respondent No.5. Mr. C. B. Goel, Advocate with Mr. Nitin Jain, Advocate, for respondents No.6 to 31. SURYA KANT, J. (ORAL) The petitioners seek a direction to the official respondents to demolish the shops alleged to have been illegally constructed on a road/path of Firoz Gandhi Colony NO.2, Gurgaon, having 9 mtrs width. C.W.P NO. 4301 OF 2008 -2- Notice of motion was issued and in response thereto, the official and the private respondents have filed their respective replies. The Municipal Corporation, Gurgaon has taken the stand that the shops in dispute were constructed by the Gram Panchayat, Gurgaon over 20 years back and were rented out to various shopkeepers. The Municipal Corporation has been constituted in the year 2008 only and has taken over the assets and liabilities of the Gram Panchayat, Gurgaon, including the shops in dispute and is stated to be receiving rent from the tenants regularly. It is also alleged that the petitioners themselves have opened shops un-authorizedly in their residential houses. The private respondents have also taken similar stand, besides highlighting the fact that the petitioners had earlier filed a civil suit which was dismissed as withdrawn. Having heard learned counsel for the parties and considering the rival submissions, as noticed above, I am of the view that the desired directions cannot be issued, more so, when the respondent-Corporation has taken the stand that the ownership of the shops vest in it and the same have been rented out to various tenants. At the same time, the running of day to day business in these shops need to be regulated and maintained as per the Municipal bye-laws, to prevent encroachment over the C.W.P NO. 4301 OF 2008 -3- public path. The writ petition is accordingly disposed of with a direction to the Municipal Corporation, Gurgaon to ensure that the tenants do not encroach upon any public land or path and carry out their business activities strictly, as per the Municipal bye-laws. Disposed of. MARCH 30, 2009 (SURYA KANT) shalini JUDGE