CWP No.14411 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14411 of 2009 (O&M) Date of Decision: 30.03.2011 **** Gram Panchayat Sohana . . . . Petitioner VS. Greater Mohali Area Development Authority . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers 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? **** Present: Mr. PS Rana, Advocate for the petitioner Mr. Naresh Prabhakar, Advocate for the respondent Mr. Arun Bansal, Advocate for respondent No.2 **** SURYA KANT J. (ORAL) (1). The petitioner is Gram Panchayat of Sohana, District SAS Nagar Mohali. Its grievance is against the encroachment of the village Phirni, which according to the petitioner-Panchayat, ought to have the width of 40 ft. as against the width of 31 ½ ft presently provided. It is alleged that the allottees have encroached upon the phirni land with the tacit connivance of GMADA. (2). Having heard learned counsel for the parties at some length, I am of the considered view that the actual width of the phirni can be ascertained from the old revenue CWP No.14411 of 2009.doc - 2 – records of village Sohana such an exercise has to be undertaken by the Revenue Authorities instead of GMADA who utilizes the available land for different commercial/residential purposes etc. (3). It is informed by counsel for the GMADA that an application in this regard has already been moved which is pending before the Revenue Authorities. (4). In this view of the matter, the writ petition is disposed of with a direction to the Deputy Commissioner-cum- Collector, SAS Nagar Mohali to depute a team of the Revenue officers/officials to be led by the Tehsildar of the area to find out from the old revenue records as to what was the actual width of the phirni of the village and if it is found that anyone has made encroachments at the spot, the District Administration and GMADA are directed to take appropriate action against them in accordance with law for the removal of such encroachment(s). (5). The entire exercise shall be undertaken within six months from the date of receipt of a certified copy of this order (6). Let a dasti copy of this order be handed over to Ms. Monica Chhibber Sharma, DAG Punjab for information and necessary action. CWP No.14411 of 2009.doc - 3 – 30.03.2011 vishal shonkar (S u r y a K a n t) Judge