IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10195 of 2007 Date of Decision: 4.12.2008 Hari Babu Gupta and others Petitioners Versus The State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Vipul Aggarwal, Advocate for the petitioners Mr.H.S.Sidhu, Addl.A.G. Punjab for respondent No.1 Mr.D.P.Gupta, Advocate for respondents No.2 and 3 Mr.S.C.Pathela, Advocate for respondents No.4 and 5 .. T.S.Thakur, C.J. (Oral) Learned counsel for the petitioners submits that the shops in the occupation of the petitioners are situate in the Municipal Council area at Pathankot. It is, therefore, the Municipal Council only who was competent to take any action for removal of the alleged encroachments. Notice issued by the Improvement Trust was unnecessary as the area does not fall within the jurisdiction of the Improvement Trust. The reply filed on behalf of the Municipal Council also states that the area in question falls within its territory and that any action regarding unauthorized occupation or encroachment in that area can be taken only by the Civil Writ Petition No.10195 of 2007 2 Municipal Council authorities. By our order dated 9.9.2008, we had directed the Municipal Council to issue a notice to each one of the petitioners in case there is any encroachment by them and to take action for removal only after considering the reply to the notices. Learned Counsel appearing for the Municipal Council today submits that at present there do not appear to be any encroachment by the petitioners but that a certain amount of encroachment had been made by the petitioners which stands removed and beyond which removal no further removal has to be undertaken by the Municipal Council. At any rate, if and when the petitioners are found to have encroached upon any portion of the road or footpath or committed any other violation, the authorities would take action against the petitioners after issuing a show cause notice to them and after hearing their objections. That submission satisfies learned counsel for the petitioners, who submits that the petition can be disposed off with appropriate directions. In the circumstances, therefore, we dispose off this writ petition with the direction that the Municipal Council authorities shall continue their drive against illegal and unauthorized encroachments / constructions in the city of Pathankot but in case any action is sought to be taken against the petitioners herein, such action shall be preceded by a show cause notice to them and consideration of the objections which they may file in response to the same. Parties are left to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE Civil Writ Petition No.10195 of 2007 3 04.12.2008 (JASBIR SINGH) gk JUDGE