LPA No. 86 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 86 of 2011 Date of decision:- 21.01.2011 Jaspal Singh son of Mehar Singh, resident of H. No. 846/20, Chandigarh Road, Khanna, District Ludhiana and others. ......Appellants Vs State of Punjab through the Secretary to Government of Punjab, PWD, B&R Branch, Punjab Civil Secretariat, Chandigarh and others. ......Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL Present: Mr. Sunil Agnihotri, Advocate, for the appellants. * * * * RANJAN GOGOI, A.C.J. (ORAL) In the writ petition out of which this appeal has arisen the demarcation of land with a view to find out as to whether the petitioners have made any encroachments was the issue. The aforesaid demarcation was made pursuant to the orders passed in an earlier writ petition i.e. CWP No. 2325 of 2010. The learned Single Judge took the view that as a highly disputed question of fact had arisen in the writ petition it would be inappropriate to go into the same in exercise of jurisdiction under Article 226 of the Constitution of India. Whether the demarcation was made correctly and the LPA No. 86 of 2011 2 conclusions reached with regard to encroachment on that basis are correct, indeed, are highly disputed questions of fact. We, therefore, affirm the view taken by the learned Single Judge and leave the appellants with the remedy of approaching the appropriate forum, if they are so advised. However, as the appellants have expressed some apprehension that their properties may be demolished by giving effect to the demarcation made, we direct that for a period of three months, within which the petitioners may avail of their alternative remedies, the demarcation carried out shall not be given effect to. This will dispose of the appeal. It is also made clear that no observation recorded in this order including the grant of limited interim relief will be considered as an expression of any opinion of this Court on the merits of the controversy. (RANJAN GOGOI) ACTING CHIEF JUSTICE (ADARSH KUMAR GOEL) JUDGE 21.01.2011 Amodh