CWP No.13410 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.13410 of 2007 Date of Decision: 16.10.2008 Lakhi Ram and others .....Petitioners Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA HON'BLE MR.JUSTICE JORA SINGH **** Present : Mr. S.S. Swaich, Advocate for the petitioners. Mr.Arun Walia, Advocate for respondents no.2 to 4. .... RAJIVE BHALLA, J (Oral) The petitioners pray for the issuance of a writ, order or direction, more particularly, in the nature of mandamus, directing respondents no.1 to 4, to remove encroachments/unauthorised possession over the land earmarked for construction of a Community Centre in Sector 14 (Part-I) Urban Estate, Karnal, which is in the unauthorised occupation of respondent no.5. During the pendency of this petition, Sh.A.K. Yadav, Administrator, HUDA, Panchkula, filed an affidavit dated 15.10.2008 and thereafter an additional affidavit dated 15.10.2008. It transpires that an area measuring 6114 Sq.yards, out of the area earmarked for construction of a Community Centre, measuring 7211.60 sq.yards has been allotted to Krishna Mandir Trust-respondent no.5 @ Rs.3,000/- per sq.yard. The Administrator, HUDA, has stated in his affidavit that the Community Centre CWP No.13410 of 2007 2 would be constructed on an alternate site, measuring about 3827 Sq.yards and is being earmarked in Sector 14, Part-I, Karnal, subject to formal approval being issued within a period of one month. The Additional affidavit dated 15.10.2008 filed by Sh.A.K. Yadav, Administrator, HUDA, Panchkula reads as follows :- “1. That the deponent is filing the present additional affidavit in compliance of the direction of this Hon'ble Court given on 15th October, 2008 in the CWP No.13410 of 2007. 2. That the total area which was earmarked for the community centre in the demarcation plan of Sector 14, Part-I,Karnal vide drawing No.DTP(K) 504/83 dated 6th September, 1983 was 1.49 acres i.e. 7211.60 square yards. 3. That out of the total area of 7211.60 square yards, an area of 6114 square yards was allotted to the Krishna Mandir Trust (respondent no.5) @ Rs.3,000/- per square yard. 4. That only 1248.70 square yards of land out of 7211.60 square yards is under the possession of HUDA where the main water works has been constructed and is functional. 5. That the total area under the occupation of the Trust is 6508.36 square yards as per the measurements carried out by the District Town Planner and Estate Officer, HUDA, Karnal. Since the land adjacent to the CWP No.13410 of 2007 3 Mandir site belongs to Improvement Trust, Karnal also and therefore, the exact HUDA area under the unauthorised occupation/possession of the Krishna Mandir Trust (respondent no.5), if any, can be identified only after the reconciliation/joint demarcation of the adajacent pocket of land with Improvement Trust, Karnal. 6. That necessary directions have been issued to the Estate Officer HUDA, Karnal and District Town Planner, Karnal to get the entire area demarcated immediately through the concerned Tehsildar in the presence of the officials of the Improvement Trust, Karnal under intimation to the HUDA HQ within three days. 7. That if any HUDA land is found to be under the encroachment over and above the land allotted to the Krishna Mandir Trust (respondent no.5) appropriate eviction proceedings shall immediately be launched in accordance with law to redeem the encroached HUDA land.” It is, therefore, apparent that the Administrator, HUDA, has also accepted that the encroachments, if any, on the land belonging to HUDA, would be removed. In view of the affidavit dated 15.10.2008 as also the additional affidavit dated 15.10.2008, counsel for the petitioners pray that the present petition be dismissed as withdrawn, with liberty to the petitioners, in case of any other subsisting grievance, to seek redressal in CWP No.13410 of 2007 4 accordance with law. In view of the aforementioned statement, the present writ petition is dismissed as withdrawn with the abovestated liberty. However, it is made clear that HUDA shall be bound by the affidavit dated 15.10.2008 and the additional affidavit dated 15.10.2008. (RAJIVE BHALLA) JUDGE 16.10.2008 (JORA SINGH) GS JUDGE