CWP No.17083 of 2007 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. CWP No. 17083 of 2007 Date of decision: 20.11.2008 Mohinder Pal .....Petitioner. vs. State of Punjab and others. ..... Respondents CORAM: HON'BLE MR.JUSTICE J.S.KHEHAR. HON'BLE MS.JUSTICE NIRMALJIT KAUR. --- Present: Mr.Surjit Singh,Senior Advocate, with Ms.Depender Kaur, Advocate, for the petitioner. Mr.P.C.Goel, Addl.Advocate General,Punjab, for respondent Nos. 1 to 4. -- J.S.KHEHAR,J. (Oral) This order will dispose of civil writ petition Nos.17083, 17084,17085, 18881, 18970 and 19237 of 2007, as common questions of law and fact are involved in all these petitions. For brevity, facts are being taken from CWP No.17083 of 2007. Learned counsel for the petitioners at the very inception of the hearing of this case very fairly agreed, that he is ready and willing to ensure that possession of the land falling under the road will be handed over by the petitioners to the respondents. He also very fairly states, that encroachment thereon, if any, will be removed by the petitioners by themselves at their own cost within one month from today. Having considered the submission made by the learned counsel for the petitioners, as has been noticed in the foregoing paragraph, we accept the joint request made by the learned counsel for the parties, that the site plan appended to the joint written statement filed on behalf of CWP No.17083 of 2007 2 respondent Nos. 1 and 2, as Annexure R1/2, which has been marked as Exhibit-A, by the Collector in his order dated 26.7.1999, be taken as the basis of demarcating the land falling under the road in question. We also accept the suggestion that in order to determine encroachment, the rival parties shall treat the middle of the road as the agreed point for determination. Based on the width of the road, the land falling under the road will be demarcated by the respondents within one week from today. The aforestated demarcation shall bring to the notice of the petitioners and others, whether or not any of the land falling under the road, has been occupied by the petitioners, as also whether or not any encroachment has been made by the petitioners thereon. In case of any encroachment over the land falling under the road, the petitioners shall remove the same within one month definitely before 31.12.2008. In case, the petitioners do not remove the encroachment ( in case there is any such encroachment), the respondents shall remove the encroachment within one week thereafter definitely before 15.1.2009 and recover the cost thereof from the petitioners. The schedule of demarcation, as well as, removal of encroachments brought to our notice which has been delineated in the foregoing paragraph, shall be binding on the rival parties. In view of the above, the instant writ petition stands disposed of. Copy of this order be furnished to the learned counsel for the parties under the signatures of the Special Secretary attached to this Court. ( J.S.Khehar) Judge (Nirmaljit Kaur) Judge November 20, 2008 rk CWP No.17083 of 2007 3