C.W.P. No.13458 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13458 of 2008 Decided on : March 17, 2009 Mohinder Kumar ....Petitioner VERSUS State of Punjab ....Respondents CORAM:- HON'BLE THE CHIEF JUSTICE. HON'BLE MR. JUSTICE HEMANT GUPTA. 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:- None for the petitioner. Ms. Madhu Dayal, Additional AG, Punjab. Shri Balwinder Singh, Advocate for respondent No.2. HEMANT GUPTA, J The present petition, filed in public interest, is for issuance of directions for removal of alleged massive encroachments on all the major roads of Nayagaon, District S.A.S. Nagar (Mohali). The petitioner is a practising lawyer of this Court and a resident of Nayagaon. He has made grievance of encroachments on all the major roads particularly on Shiv Mandir Road, Nayagaon. It is pleaded that Nayagaon has a population of 70,000 to 1,00,000 and all these persons use Shiv Mandir Road, Nayagaon, daily. The said road is a major link between Nayagaon area and Chandigarh and there is heavy traffic on the same during the rush hours. It is alleged that shopkeepers have encroached on the road C.W.P. No.13458 of 2008 -2- by making illegal sheds in front of the shops, by putting goods in the area covered by the illegal sheds; haphazardly parking the vehicles, by putting a permanent fixed signboards on the road reducing the width of the road for users. In pursuance of the notice of the writ petition, the Nagar Panchayat, Nayagaon has filed its reply pointing out that a Resolution has been passed, authorizing removal of all encroachments in the town. A proclamation was made in the town on 01.09.2008 asking all offenders to remove the encroachments. A request was sent to S.H.O. Nayagaon on 03.09.2008, to provide proper police assistance in carrying out impending action for removal of encroachments. It is pleaded that on 11.9.2008, an anti-encroachment drive was carried out and the goods displayed by the shopkeepers outside their shops were seized and the moveable encroachments over the road removed. Another anti-encroachment drive was carried out on 6.11.2008. However, to find out the extent of encroachments on the public land, the revenue authorities were requested to carry out demarcation on the street so that the offending structures encroaching upon public land could be demolished. The revenue staff was deputed for carrying out the demarcation on 26.01.2009. It is pleaded that once the demarcation exercise is completed, the Nagar Panchayat shall immediately proceed in accordance with law and carry out the exercise of demolition of the offending structures. The Nagar Panchayat has resolved to remove all encroachments over the public property. The above steps taken by the said local authority in removing the encroachments shows that the Panchayat is sensitive. With need for getting the encroachments removed and that necessary action is C.W.P. No.13458 of 2008 -3- being taken in that direction. The present petition is in that view disposed of with the direction to the respondents to take further necessary steps for removal of encroachments expeditiously and to ensure that the public property particularly, roads are not encroached upon by any shopkeeper or other inhabitant of the area, to impede the free movement of traffic and to avoid inconvenience to the general public. With the said direction, the writ petition stands disposed of. (T.S.THAKUR) CHIEF JUSTICE (HEMANT GUPTA) JUDGE March 17, 2009. monika