COCP No.427 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. COCP No.427 of 2009 (O&M) Date of Decision: 4.3.2010 Kapil Chhaba .....Petitioner Vs. G.S. Ghuman,Commissioner, Municipal Corporation, Ldh. and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. B.S. Guliani, Advocate for the petitioner. Mr. Tushar Sharma, Advocate for respondents no.1 to 4. Mr. R.S. Longia, Advocate for respondent no.5. .... RAJIVE BHALLA, J (Oral) The present petition has been filed by the petitioner alleging violation of an order dated 4.10.2008, passed in CWP No.4846 of 2003. Counsel for the petitioner submits that respondent no.5 has encroached upon a grave yard, which belongs to the Municipal Corporation and is, therefore, guilty of violating directions issued by this court. Counsel for the Municipal Corporation submits that 4845 sq.yards of land was purchased by the Municipal Corporation, Ludhiana in the year 1939 for a children's grave yard. The grave yard is managed by Mandir Shivpuri Committee,Shivpuri Road, Ludhiana, with the consent of the Municipal Corporation. As per the records of the Corporation, the Mandir Shivpuri Committee has not encroached upon any property COCP No.427 of 2009 2 belonging to the Municipal Corporation. An affidavit in support of this argument filed in court today, is taken on record. Sh.Raj Kumar Sharma, Senior Vice President of Mandir Shivpuri Committee has filed an affidavit dated 4.9.2009, in court today, which is taken on record. A relevant extract of the affidavit reads as follows :- “2. That the Mandir Shivpuri Committee, Shivpuri Road, Ludhiana,respondent no.5 is a religious and charitable institute and has been controlling and managing the property known as “Bachian Dian Kabran” since before the partition of the country. This property is under the ownership of the Municipal Committee, Ludhiana. 3. That the Mandir Shivpuri Committee, Shivpuri Road, Ludhiana will not claim ownership over the property in dispute nor it will be used for any kind of commercial activity.” The affidavit filed by the Mandir Shivpuri Committee, leaves no manner of doubt that the Mandir Shivpuri Committee admits the ownership of the Municipal Corporation and is in possession of the grave yard, pursuant to permission granted by the Municipal Corporation. In view of the affidavit filed by the Municipal Corporation, it is apparent that the Mandir Shivpuri Committee has not encroached upon any public property, much less property owned by the Municipal Corporation. A dispute between the Mandir Shivpuri Committee and a private individual, with COCP No.427 of 2009 3 respect to 967 sq.yards is pending. The present petition appears to have been filed at the behest of this person. Be that as it may, the Municipal Corporation is directed to ensure that Mandir Shivpuri Committee does not raise any construction in the graveyard without the prior permission and approval of the Municipal Corporation. It would also be necessary to mention here that Mandir Shivpuri Committee, in its affidavit dated 4.9.2009 has categorically stated that it does not claim ownership of land measuring 4845 sq.yards, which belongs to the Municipal Corporation. The Mandir Shivpuri Committee would be bound by the affidavit filed by Sh.Raj Kumar Sharma, Senior Vice President and in case the Mandir Shivpuri Committee resiles from the contents of its affidavit, the Municipal Corporation would be entitled to initiate appropriate action in accordance with law. Disposed of accordingly. Rule discharged. 4.3.2010 (RAJIVE BHALLA) GS JUDGE