IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 18241 of 2008 Date of Decision: 15.12.2008 Improvement Trust Colony Resident Welfare Association ..Petitioner versus Chairman, Improvement Trust, Gurdaspur and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE. HON'BLE MR. JUSTICE JASBIR SINGH. 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 : Mr. Anil Chawla, Advocate for the petitioner ***** T.S.Thakur, C.J. (Oral) CM No. 24437 of 2008 Allowed. Documents marked Annexures P-13 and P-14 are taken on record and CM disposed of. CWP No. 18241 of 2008 Issue notice of motion to respondent No.2 only in the first instance. Mr. Sidhu, learned Addl. Advocate General, Punjab accepts notice on behalf of respondent No.2. In the light of the order that we propose to make, we dispense with issue of notices to respondents No.1, 3 and 4. This petition has been filed in public interest. It prays for a CWP No. 18241 of 2008 [2] mandamus directing the respondents to remove the encroachment allegedly made on a 70 feet wide road by respondent No. 4. It also prays for action against misuse of the residential building Nos. 273 and 274 in Improvement Trust Colony, Jail Road, Gurdaspur, the ground floor of which is being allegedly used for running Thekha/sale of liquor. A further direction to the respondents to construct a boundary wall around the colony for safety of the residents has also been prayed for. When this petition came up for bearing before us on 21.10.2008, the petitioner was directed to place on record a copy of the plaint, the written statement as also the settlement allegedly arrived at between respondents No.1 and 4 in the civil suit filed by respondent No. 4 against the Improvement Trust. A reference to the said suit and settlement has been made in Annexure P-9 to the writ petition which happens to be a communication addressed by the Executive Officer, Improvement Trust, Gurdaspur to the Deputy Commissioner, Gurdaspur. From a reading of the said communication, it appears as though the notice regarding alleged encroachment and its removal had been the subject matter of civil litigation between the trust and respondent No.4 which suit was eventually compromised in terms of a settlement arrived at between the two. The petitioner has now filed certain documents alongwith CM No. 24437 of 2008 from which it appears that despite efforts made by the petitioner, the particulars of the suit allegedly filed by respondent No.4 and the settlement arrived at therein have not been made available to him, with the result, that the petitioner has not been in a position to place on record a copy of the plaint, written statement and the settlement in question. Mr. Sidhu, learned Addl. Advocate General, Punjab appearing CWP No. 18241 of 2008 [3] for respondent No.2 submits and in our opinion rightly so that the entire controversy can be looked into by the Director cum Secretary, Government of Punjab, Department of Local Government not only in relation to the alleged illegal encroachment on the road but also in relation to the unauthorised use of the ground floor of the two buildings mentioned above for commercial purposes and for the purpose of running a liquor shop. He submits that if the petitioner-association files a suitable representation before respondent No.2, the said respondent shall have the matter investigated, facts verified and appropriate action taken in accordance with law within such time frame as may be fixed by this Court. Learned counsel for the petitioner is agreeable to that course of action being followed. In the circumstances, therefore, we direct that the petitioner association may within a period of four weeks from today file an appropriate representation against the alleged encroachment upon the road by respondent No.4 as also misuse of buildings No. 273 and 274 referred to earlier to the Director cum Secretary, Government of Punjab, Department of Local Government, respondent No.2 in the petition. The said respondent shall on receipt of the representation have the facts verified and in case it is found that any encroachment has indeed taken place, ensure that process for removal of the same is initiated against the persons in accordance with law . The Director shall also examine whether there is any misuse of the residential premises as alleged by the petitioner-association and in case such a misuse is established, appropriate action be taken against the same. The needful shall be done by the Director expeditiously but not later than three months from the date the representation is received by him. The petition is with the above observations and directions disposed of leaving the parties to bear their own CWP No. 18241 of 2008 [4] costs. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 15.12.2008 'ravinder'