RSA No. 643 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 643 of 2004 (O&M) Date of Decision: December 11, 2008 Municipal Committee, Amloh ...... Appellant Versus Kahla Singh and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Alok Jain, Advocate for the appellant. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent for permanent injunction restraining the appellant Municipal Committee from demolishing the construction raised by the plaintiff. The only argument made by learned counsel for the appellant is that by this device the respondent is seeking to legitimise an illegality committed by him. In my opinion this apprehension has been adequately taken care of by the learned lower Appellate Court by holding as follows:- “If the constructions raised by the plaintiffs over the property in dispute by making any encroachment of the land of the M.C. is unplanned or without any sanctioned site plan then the defendants can demolish it or an get the encroachment removed in due course of law and not forcibly or illegally.” RSA No. 643 of 2004 2 Otherwise learned counsel has not been able to dispute the findings regarding the fact of construction of the respondent having been not disputed by the appellant before the Courts below. In the circumstances the questions of law proposed do not arise in the present appeal and the same is dismissed, however, with no order as to costs. (AJAY TEWARI) JUDGE December 11, 2008 sunita