CWP No.13419 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13419 of 2009 Date of Decision: 17.08.2010 **** Mohinder Pal Goyal . . . . Petitioner VS. State of Punjab and Others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Bhupeshwar Jaswal, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab Ms. Preeti Khanna, Advocate for respondent No.2 ***** SURYA KANT J. (ORAL) (1). The petitioner alleges that his residential property is being damaged by the Municipal Authorities at the instance of the politicians in power. The petitioner, thus, seeks a prohibitory against the respondents for restraining them from causing any harm to the petitioner or his family members. (2). Upon notice of motion, the respondents have filed their reply/affidavit stating that the petitioner has encroached upon the public street and pursuant to a fact-finding enquiry as well as the measurements carried out at the spot by associating the petitioner, CWP No.13419 of 2009.doc - 2 – that he has been found in possession of the public street. It is further alleged that the residents of the locality have complained against the petitioner. (3). There can indeed be no doubt that if the petitioner has encroached upon the public street, the authorities would be well within their right to remove such encroachments by following the procedure as may be prescribed in law. (4). However, having regard to the categoric plea taken by the petitioner that no measurement was done in his presence, I deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner, Moga, to constitute a team comprising a Revenue Officer in the rank of Tehsildar along with the Executive Officer of the Municipal Council to carry out re-measurements in the presence of the petitioner. The respondents shall be at liberty to have video-recording of the measurement process. The petitioner will acknowledge his presence and sign the ‘re-measurement report’. If on re-measurements also, the petitioner is found to have unauthorisedly encroached upon the public street, the petitioner shall be given 7 days’ prior notice to remove such encroachments, failing which the authorities shall be CWP No.13419 of 2009.doc - 3 – at liberty to proceed against him in accordance with law. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 17.08.2010 vishal shonkar