CWP No.14132 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14132 of 2011 (O&M) Date of decision: 12th August, 2011 Ajit Singh Tanwar ... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. AUGUSTINE GEORGE MASIH Present: Mr. Raj Mohan Singh, Advocate, for the petitioner. Ms. Palika Monga, DAG, Haryana, for respondent No.1. Mr. Anish Batish, Advocate for Mr. Arun Walia, Advocate, for respondents No.2 and 4. ***** JASBIR SINGH, J.(Oral) On 05.08.2011, Mr. S.S. Patter, Sr. DAG, Haryana was directed to get demarcation of the land done, which is under acquisition, under the supervision of Deputy Commissioner, Bhiwani through Land Acquisition Collector HUDA, Hisar. In response, an affidavit of Sh. Pradeep Godara, H.C.S. Estate Officer, HUDA, Bhiwani has been placed on record. The contents of the affidavit are as under: “1. That the deponent has joined as Estate Officer, HUDA, Bhiwani on 10.08.2011.. 2. That as per orders of this Hon’ble Court deponent alongwith Deputy Commissioner, Bhiwani has visited CWP No.14132 of 2011 (O&M) [2] the demised property comprised in Khasra No.143/10/2 (3-4) situated in moja Bhiwani Lohar, Tehsil and District Bhiwani on 10.08.2011. 3. That the demarcation was done by revenue authorities as per orders of this Hon’ble Court. 4. That as per Revenue Record and latest Jamabandi the land comprised in Khasra No.143/10/2(3-4) situated in moja Bhiwani Lohar, Tehsil and District Bhiwani presently stands in name of Haryana Urban Development Authority, Bhiwani. 5. That an old boundary wall on North & a wall at some distance inside the Western side is existing at aforesaid land. These walls are claimed to have been built by Lal Singh S/o Bir Singh R/o Bhiwani. 6. That an unauthorized construction on the aforesaid land has been recently raised by making some rooms by Lal Singh & his men. On 11.08.2011, I again visited the site and found that the recently build structure is being demolished by Lal Singh and his men, however, the walls are intact.” In this affidavit, it is stated that after demarcation, it was found that one Sh. Lal Singh has unauthorizedly raised some construction on the public property. It is further averred that some part of it was demolished by Sh. Lal Singh, however, the walls raised by him are still intact. Vide order dated 05.08.2011, the Land Acquisition Collector HUDA, Hisar has been directed by this Court that after demarcation, if any encroachment is found CWP No.14132 of 2011 (O&M) [3] on public property, same be removed immediately. There is non- compliance to the direction issued on 05.08.2011. Faced with the situation, the State counsel informs us that due to some inadvertence, the order regarding demolition could not be conveyed to the concerned officials. She assures that needful shall be done within 10 days from today and report will be put on record after demolition of unauthorized construction and further an assurance has been given that in future also the authorities will not allow anybody to encroach upon the public land. In view of the above, the writ petition stands disposed of. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE 12th August, 2011 Rajan