IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.7365 of 2010 Date of Decision: 15.02.2011 Jagpal Singh ...Petitioner Versus Municipal Corporation, Bathinda and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Narinder Sharma, Advocate, for the petitioner. Mr. G.S.Nagra, Advocate, for the respondents No.1 and 2. Mr. Mukand Gupta, Advocate, for the respondent No.3. **** RANJAN GOGOI, C.J.(Oral) This Public Interest Litigation has been filed seeking directions to the respondents No.1 and 2 to demolish the illegal construction of walls raised by the respondent No. 3 on a public street. A written statement has been filed on behalf of the Municipal Corporation, Bathinda. In para No. 5 thereof, it has been stated that the respondent No.3 had encroached upon a portion of a public street measuring 20' x 36'. In the aforesaid paragraph, there is a reference to a civil suit for declaration and permanent injunction CWP No.7365 of 2010 [2] filed by the respondent No.3 and further that a notice under Section 269 (1) of the Punjab Municipal Corporation Act, 1966 was served on the respondent No.3 whereafter he was heard and an order dated 10.12.2010 was passed by the Assistant Commissioner of the Corporation requiring the respondent No. 3 to demolish the illegal construction. It has been further stated by the Municipal Corporation, in the written statement filed, that as the respondent No.3 did not so act, the Municipal staff had removed the encroachment in question on 30.12.2010. According to the Municipal Corporation, the street in question is free from any encroachment as on date and is being used by the general public for ingress and outgress. The statements made by the Municipal Corporation in para No. 5 of the written statement would make it unnecessary for the Court to pass any order in the matter or to keep this Public Interest Litigation pending any longer. As the encroachment is already removed by the Municipal Corporation, no further orders in this regard will be called for save and except that the Municipal Corporation will ensure that in future there is no encroachment on the public street in question by any person or body. PIL shall stands disposed of in the above terms. (RANJAN GOGOI) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 15.02.2011 'ravinder'