HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *** CWP No. 6322 of 2008 *** Gram Panchayat Banbhaura Vs. State of Punjab etc. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Jasbir Singh. *** Present: Shri Amarjit Markan, Advocate, for the petitioner. Shri H.S.Sidhu, Addl: A.G. with Ms. Sonu Chahal, DAG, Punjab. *** T.S.Thakur, CJ (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to remove illegal encroachments on land measuring 4 bighas 2 biswas in khasra No. 1991 of Village Banbhaura in District Sangrur. The petitioner's case is that the land aforementioned is a part of a Primary School which has been un-authorizedly occupied by respondents No. 7 and 8 and that the said encroachment was wholly illegal and adversely affecting the interest of the School as also the students studying in the same. A mandamus directing respondents No. 1 to 5 to raise a boundary wall around the school building for the safety and welfare of the students of the village, by providing police help, has also been prayed for. Mr. Sidhu today filed a reply on behalf of respondents No. 1 to 5 in which it is inter alia stated that proper demarcation of the land owned by the school was carried out with the help of revenue officers concerned and in that process the un-authorized possession of Jaswant Kaur widow of Ujjagar Singh identified and removed. He has enclosed with the affidavit, a copy of the proceeding book of the Gram Panchayat as Annexure R-2 which inter alia states:- “Therefore, the gram panchayat has taken the -2- CWP No. 6322 of 2008 possession in their favour at the spot from Jaswant Kaur widow of Ujjagar Singh and Jaswant Kaur has left the possession. Gram Panchayat is trying to construct boundary wall on the place of demarcation. As per demarcation, due to population on the side of Village Bhulran, points C&D could not be marked. And the illegal possession has come into light at the time of demarcation and the same has been taken into possession.” He submits that since the un-authorized occupation over the land in question has already been removed, the petitioner is free to construct a boundary wall around the school building for preventing any recurrence of any untoward incident in future. Learned counsel for the petitioner on the other hand submits that since the illegal encroachment over the land being used by the school has been removed, the petitioner would require the assistance of the authorities to ensure that the boundary wall is constructed around the school building. He submits that the respondents could be directed to lend assistance in that regard to ensure that no untoward incident takes place when the construction of the boundary wall is undertaken. Mr. Sidhu, counsel for the respondents has no objection to provide the requisite help to the petitioner by the respondent authorities. In the circumstances, therefore, all that we need say in this writ petition is that the petitioner shall be free to construct the boundary wall around the school building in which event the petitioner may seek help from the Deputy Commissioner, Sangrur in which event the latter and other officers concerned with the maintenance of law and order shall ensure that there is no unwarranted interference with the construction of the boundary wall by -3- CWP No. 6322 of 2008 the petitioner and that requisite protection is extended to those employed for doing the construction of the work. With that observation, this writ petition is disposed off. No costs. (T.S.Thakur) Chief Justice (Jasbir Singh) Judge December 02, 2008 Malik