IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.5021 of 2011 Date of Decision : March 18, 2011. Dalip Mahajan .....Petitioner versus U.T.Administration Chandigarh .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Rohit Mahajan, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner seeks a mandamus to direct the Chandigarh Administration to develop the land in front of his H.No.567, Milk Colony, Dhanas, Chandigarh as a public park instead of allowing it to be mis-used for throwing cow-dung and other garbage by the residents of the area. The above stated claim was raised by the petitioner vide a legal notice dated 10.11.2010 (Annexure P-1) duly responded by the Executive Engineer, Horticulture Division, Municipal Corporation, Chandigarh, vide his reply dated 13.12.2010 (Annexure P-2), admitting the fact that “the land in front of H.No.567, Milk Colony, Dhanas is the land meant for public park but the development work of this park cannot be possible as this area is encroached by the Milk man residing in front of C.W.P.No .5021 of 2011 2 the said house. The land is used for dumping cow dung and other garbage”. The Executive Engineer has also acknowledged the fact that if properly maintained, it will increase the beauty of the area and will be useful for the children. Having regard to the above noticed admitted facts, I do not find it necessary to issue notice to the respondents, rather deem it appropriate to dispose of this writ petition with a direction to the Commissioner, Municipal Corporation, Chandigarh, to immediately take an action strictly in accordance with law for the removal of the encroachment from the public park and thereafter develop it as per their plan. The needful shall be got done within a period of six months from the date of receiving a certified copy of this order, failing which the petitioner shall be entitled to seek revival of these proceedings. Ordered accordingly. Let a copy of this order be sent to the Commissioner, Municipal Corporation, Chandigarh, for information and necessary compliance. Dasti. March 18, 2011 (SURYA KANT) Mohinder JUDGE