CWP No.23255 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.23255 of 2011 Date of decision: 15.12.2011 Rajender ….Petitioner Vs. State of Haryana & others ….Respondents CORAM: HON’BLE MR.JUSTICE HEMANT GUPTA HON’BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr.Sanjay Mittal, Advocate for the petitioner. ***** HEMANT GUPTA J. (ORAL) Challenge in the present writ petition is to the orders passed by the authorities under Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the Act’) under Section 7 thereof. It has been found by all the three authorities that the petitioner has encroached upon area of 4 ½ ft East, 100 ft West, 100 ft South, North 100 ft, total 200 Sq.ft. on the basis of demarcation carried out by the Naib Tehsildar on 02.01.2002. Learned counsel for the petitioner vehemently argued that such demarcation has not been carried out in accordance with the standing instructions issued by the Financial Commissioner as the three pucca points were not fixed. It is also contended that the construction raised does not encroach upon the passage, which is available for the use by the villagers. We do not find any merit in the arguments raised by the learned counsel for the petitioner. The stand of the petitioner is that before starting the construction, he has got the demarcation conducted and has raised construction accordingly. However, no such demarcation report has been CWP No.23255 of 2011 2 produced on record. Still further, as per report of the Naib Tehsildar, produced on record as Annexure P1 shows that pucca points were fixed and detailed measurements were carried out. It is a finding of fact recorded by all the three authorities that the petitioner has encroached upon the area of the Gram Panchayat. Such finding has been recorded after properly appreciating the facts. There is no illegality in the orders. We do not find any ground for interference in writ jurisdiction of this Court under Article 226 & 227 of the Constitution of India. Dismissed. (HEMANT GUPTA) JUDGE (G.S.SANDHAWALIA) 15.12.2011 JUDGE sailesh