IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.156 of 2010 (O&M) Date of decision: 10.2.2010 Jarnail Singh. -----Appellant Vs. Joint Development Commissioner (IRD), Punjab & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. M.L. Saini, Advocate for the appellant. Mr. V.K. Sandhir, Advocate for the caveator/respondent No.2. ----- ORDER: 1. This appeal has been preferred against judgment of learned Single Judge, dismissing the writ petition of the appellant against the order of removal of encroachment from the street paved by the Panchayat. 2. The Panchayat filed application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, which was dismissed but the Appellate Authority after referring to the report of the Local Commissioner, directed that if any part of the street paved by the Panchayat was under encroachment, the same be LPA No.156 of 2010 removed and width of the street be maintained uniformly throughout. 3. We have heard learned counsel for the appellant. 4. Only contention raised by learned counsel for the appellant is that there was no demarcation and area in possession of the appellant did not affect uniformity nor there was encroachment on the street paved by the Panchayat. 5. Learned Single Judge has recorded a finding that even from the photograph produced before the Court, it was clear that width of the street was becoming narrower in front of the plot of the appellant, which indicated encroachment. 6. We, thus, do not find any ground to interfere with the view taken by the learned Single Judge. It is, however, made clear that the appellant will be at liberty to show that there is no encroachment or that the uniformity of the width of the street is not in any manner interfered with by the appellant. 7. The appeal is disposed of, accordingly. ( ADARSH KUMAR GOEL ) JUDGE February 10, 2010 ( ALOK SINGH ) ashwani JUDGE 2