C.W.P.No. 7628 of 2005. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 7628 of 2005. Date of Decision : 28.11.2008. Kapur Chand and others Petitioner. VERSUS Chandigarh Administrator and others. Respondents. CORAM : HON'BLE MR. JUSTICE M.M.KUMAR. HON'BLE MR. JUSTICE JORA SINGH. --- Present:- Mr.Chetan Mittal, Sr.Advocate, with Mr. Vishal Garg, Advocate, for the petitioners. Mr. K.K.Gupta,Advocate, for the respondents. --- 1.Whether Reporters of Local Newspapers 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? M.M.KUMAR,J. This order shall dispose of Civil Writ Petition Nos. 7628 of 2005 and 15044 of 2006 because common questions of law and facts are involved therein. However, facts are being referred from Civil Writ Petition No. 7628 of 2005. The prayer made by the petitioners in the instant petition is for directing the respondents to hand over the possession of the allotted sites in the year 1988 and to remove the encroachments made by the Jhuggi Dwellers and C.W.P.No. 7628 of 2005. 2 provide basic amenities in the area or alternative sites may be allotted to them. The matter has been heard on various occasions and then in pursuance to the direction issued by this Court, Shri Ashwani Kumar, HCS, Assistant Estate Officer, U.T.Chandigarh has filed Status Report . According to the status report, the encroachments from the locality of the press sites have been removed and the said process was over on 5.11.2008. However, some of the encroachments were on the Municipal land, which were within the sphere of the Municipal Corporation, U.T.Chandigarh and therefore, a joint demolition operation was planned for 6.11.2008 for removal of such encroachments. Due to non-availability of the sufficient police force, the said drive was postponed to 7.11.2008. On 7.11.2008, a joint demolition operation was conducted under the supervision of Shri P.K.Sharma, HCS, Secretary, Municipal Corporation, UT, Chandigarh, wherein all the illegal temporary huts, scrap dealers, vegetable vendors and dhabas etc., from the said area were completely removed. The demolition was carried out with the help of two JCB machines, 10 trucks, 60 labourers and sufficient police force. The drive was carried out peacefully and without any un-toward incident. So far as providing of amenities in the area is concerned, it has been informed by the Municipal Corporation, Chandigarh that the approach road/ katcha road were already available in the area and even carpeting of the road was also made way back and now the entire roads are C.W.P.No. 7628 of 2005. 3 being recarpeted. It has also been stated that the water supply lines exist in the area of the press sites and water supply can be released immediately as and when applied by the allottees of the press sites. The provision of street light etc is already available in the area and non working points are being replaced/repaired. Sewerage lines and storm water drainage lines are also available in the area and are in a working condition. With regard to the overhead electric wires that are hanging in the area, it has been pointed out that till the underground system is made function such overhead electric wires could not be removed. A counter-affidavit has been filed by the petitioners and everything stated in the Status report has not been accepted. However, looking at the controversy, we are of the view that the Estate Officer, Chandigarh as well as Municipal Corporation have handed over the vacant possession of the sites to the petitioners and has also charged current rate etc., from the date of handing over of possession afresh. One objection raised by learned counsel for the petitioners is that public-toilet in Colony No.4 is required to be removed. However, Mr. Gupta learned counsel for the respondents states that it is not possible to make time bound statement, although the resident of Colony No.4 are being rehabilitated to other sectors on the already ear- marked land. In view of the above, we dispose of these writ petition with liberty to the petitioners to move appropriate C.W.P.No. 7628 of 2005. 4 applications in case such a necessity arises. We also find that primary relief sought in these petitions has already been granted, therefore, no orders to that extent are required to be passed. (M.M.KUMAR ) JUDGE 28.11.2008 ( JORA SINGH) Anoop JUDGE