IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 22326 of 2010 Date of Decision: 15.12.2010. Jai Bhagwan & others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vikram Singh, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) Notice of motion to respondents no.1 to 3 only. Mr. R.D. Sharma, D.A.G., Haryana has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioners claim to be refugees from West Pakistan. Somewhere in the year 1958 they occupied some premises in the Mughal Sarai. It is stated that the number of refugees grew with the passage of time and by the year 1980 about 63 families occupied the premises of Mughal Sarai and even constructed kacha/pucca houses over the years which also includes a small school building. It is further alleged that in the year 1980 the concerned Deputy Commissioner visited the Mughal Sarai and considered that all the persons are poor people. He recommended for their settlement at some alternative place. A copy of the communication dated 30.10.1980 from the then D.C. Karnal to the S.D.O (Civil), Karnal in this regard has been placed on record as Annexure P-4. Petitioners have also CWP. No. 22326 of 2010 -2- placed on record copies of some ration cards and voter cards as also the electricity bills to substantiate their claim for possession. The petitioners have now been issued notice under Rule 38 (1) of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959 for their eviction. It is admitted case of the petitioners that the Mughal Sarai is one of the ancient monuments declared by the Archaeological Survey of India and is now said to be a protected/preserved site. Petitioners have also made a representation (Annexure P-7) to the Deputy Commissioner, Karnal. Though, the prayer made in the petition is for staying their dispossession, however, keeping in view the totality of the circumstances the only direction which can be issued at this stage is that the competent authority particularly the Deputy Commissioner, Karnal will consider the claim of the petitioners for rehabilitation at some other place in the light of the communication dated 30.10.1980, referred to above. (PERMOD KOHLI) JUDGE 15.12.2010. lucky