CWP No.8863 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8863 of 2008 Date of decision: September 26, 2008. Ramdiya s/o Shri Hari Singh ...Appellant(s) v. State of Haryana & Ors. ...Respondent(s) CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Ajay Nara, Advocate, for the petitioner. Shri Rameshwar Malik, Additional Advocate General, Haryana for respondents No.1 to 5. Shri Vikram Singh, Advocate, for respondent NO.6. ORDER T.S. Thakur, CJ – (Oral): This writ petition prays for a direction to the respondents to remove the waste building material and to develop land comprising Khasra No.48/23/1 in village Dipalpur, District Sonepat in the State of Haryana, as a children park after the same is got vacated from the encroachers. In response to a notice issued by this Court, the BD&PO, Sonepat – respondent No.5 has filed an affidavit, inter-alia, stating that CWP No.8863 of 2008 -: 2 :- pursuant to an order made by the Assistant Collector Grade-I, dated 26.2.2007, the encroachments from the land in question have been got removed and possession of the land delivered to the Gram Panchayat vide rapat Nos.634, to 636 and 672 to 674 dated 25.7.2007. The counter affidavit, however, is silent about the removal of the building material from the land in question. Learned Counsel for the Panchayat – respondent No.6, as also Mr. Malik, appearing for BD&PO, submit that since the land in question has already been got vacated from the encroachers and delivered back to the Panchayat, the removal of building material shall also be taken up by the authorities and an appropriate decision taken to utilize the land in question for some common purpose in terms of Rule 3 of the Punjab Village Common Lands (Regulation) Rules, 1964, as applicable to Haryana. In the circumstances, therefore, and keeping in view the subsequent developments mentioned above, this writ petition can, in our opinion, be disposed of with a direction that the building material lying at the spot shall be cleared by the respondents and an appropriate decision taken by the Panchayat regarding the use to which the land shall be put in future. The writ petition is accordingly disposed of with the said direction leaving the parties to bear their own costs. [ T.S. Thakur ] Chief Justice September 26, 2008. [ Surya Kant ] kadyan Judge