IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2283 of 2007 Date of Decision: 21.11.2008 Ram Gopal Aggarwal and another Petitioners Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Hari Om Attri, Advocate for the petitioners Mr.Rameshwar Malik, Addl. A.G. Haryana for respondents No.1 and 6 Mr.Sanjay S. Chauhan, Advocate for respondent No.2 Mr.R.S.Longia, Advocate for Mr.Arun Walia, Advocate for respondents No.4 and 5 ….. T.S.Thakur, C.J. (Oral) This is yet another petition in which the petitioners’ grievance made in public interest is against encroachments made on roads, pavements, footpaths and other public places and properties. It seeks a mandamus directing the respondents to have such encroachments removed for free vehicular and pedestrian traffic. In response to notices issued by this Court, the respondents have appeared and filed affidavits in which they have, inter-alia, stated that the respondents have taken action against encroachments on public places including roads, footpaths and verandas in the markets and that such steps for removal of the encroachments would continue in future. Civil Writ Petition No.2283 of 2007 Respondent No.2 Executive Officer, Municipal Council, Hisar has additionally filed a status report today according to which a large number of temporary and permanent encroachments have been removed by taking action against those responsible for the same. A number of cases have also been filed according to the respondents against the encroachers. A list of such cases has also been enclosed with an affidavit filed before this Court on 12.9.2007. It is submitted on behalf of the respondents that the drive against the removal of encroachments would continue and that this petition could be disposed off with appropriate directions. On behalf of the petitioners, it was submitted that although some encroachments may have been removed by the authorities, yet a lot more needs to be done. It was contended by learned counsel appearing for the petitioners by reference to the photographs placed on record, that a large number of footpaths and verandah in the markets constructed by the Improvement Trust continue to be under the illegal encroachment of the shopkeepers, which is causing inconvenience to the inhabitants of the city of Hissar . It was submitted that the Improvement Trust was contemplating regularization of use of the basement against the terms of the Scheme, under which such basements can be used only for storage purposes. It was further submitted that the respondents could be directed to continue their efforts so that Hisar town is free from encroachments and the lives of the people living in the said township is more comfortable than it is at present. The encroachments on road, public places like footpaths and corridors meant for pedestrian, is a common feature in almost all the cities and towns in the State of Punjab and Haryana. While the authorities at times neglect their duties towards removal of such encroachment, some efforts are often made by them to prevent encroachment and evict those 2 Civil Writ Petition No.2283 of 2007 who have already encroached. The slow pace at which such actions are taken, however, do not appear to be satisfying citizens, who approach this Court with writ petitions from time to time for directions against the removal of the encroachments. We have often observed in such cases that encroachment on public properties especially, roads, footpaths and corridors is a continuous process. The pressure of population, results in encroachments, wherever there is some space available for doing so. Removal of such encroachments, is therefore, a continuous process. It is obviously not possible to free a city or town of its encroachments in one day and to ensure that the same would remain encroachment free forever. The municipal authorities will have to constantly fight against the greedy elements who try to encroach on the public property. They need to be prevented from entrenching themselves. The Municipal Council Hisar, has, it is evident from the status report filed on its behalf, initiated action in the matter and removed a number of encroachments. The officers who have done so need to be commended for that effort. Having said that, we must hasten to add that the respondents must ensure that pedestrian and vehicular traffic do not get obstructed by reason of encroachments. The petitioners, who are members of the Hissar Bar are also expected to lend a helping hand in that direction. They would do well to create public awareness amongst the traders and inform the municipal authorities wherever there is any apprehension of encroachment or any actual encroachment or trespass on any public property so that the authorities take appropriate action in the matter. Beyond that we consider it unnecessary to say anything for the present. This writ petition is accordingly disposed off with the above observations reserving liberty to the petitioners to approach the Executive Officer of the Municipal Council, Hisar to point 3 Civil Writ Petition No.2283 of 2007 out any encroachment that need to be removed. The Executive Officer and the Improvement Trust shall upon receipt of any such complaint / information take appropriate measures and steps in accordance with law for prevention and removal of such encroachments. No costs. (T.S.THAKUR) CHIEF JUSTICE 21.11.2008 (JASBIR SINGH) gk JUDGE 4