LPA No. 1560 of 2010 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 1560 of 2010 (O&M) Date of Decision: July 4, 2011 State of Haryana and others …Appellants Versus Court on its own motion & others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. R.K.S. Brar, Addl. A.G., Haryana for the appellant. Mr. Sanjay Kaushal, Sr. Standing Counsel for U.T. Chandigarh. Mr. Deepak Sibal, Advocate for the High Court. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the interlocutory order dated 08.09.2010 issuing direction to Engineer-in-Chief (B&R), Haryana to remove the structure in question as detailed in the order within a period of one week. The learned Single Judge further directed that in case directions are not complied with then Engineer-in-Chief was to appear in person. 2. Mr. Sanjay Kaushal, Sr. Standing Counsel for the UT- Administration has pointed out that on account of the subsequent contempt proceedings initiated on the basis of these directions, the LPA No. 1560 of 2010 (O&M) -2- Engineer-in-Chief (B&R), Haryana has already demolished the aforesaid structure as detailed in the order and in fact the appeal has been rendered infructuous. Mr. Deepak Sibal, learned counsel for the High Court accepts the aforesaid position although he states that construction is yet to start. Mr. Kaushal, Sr. Standing Counsel states that the possession of the area in dispute is with the administration and site plan has to be redrawn in consultation with the High Court. 3. Keeping in view the aforesaid facts, we dismiss the appeal as having been rendered infructuous and direct the UT- Administration to expedite the finalisation of the site plan as the demolition of encroachment was done about 5 months ago. 4. Let needful be done preferably within a period of 3 months from the date of receipt of a certified copy of this order. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE July 4, 2011 Atul