IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 613 of 2010 (O&M) Date of Decision: 20.04.2011 Ghass Mandi Shop Keeper Association (Regd.) and others ....Petitioners Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? 4. Present : Mr. Ajay Jain, Advocate, for the petitioners. Ms. Madhu Dayal, Addl. A.G. Punjab for respondents No.1 and 3. Mr. R.S.Bajaj, Advocate, for the respondent No.2. **** RANJAN GOGOI, C.J.(Oral) This writ petition has been filed seeking directions to the respondents not to interfere with the ownership and possession of the land and buildings of the petitioners. According to the petitioners the respondents, on the strength of certain orders passed by the Court, are seeking to remove the permanent structures raised by them. Further more, according to the petitioners, no notice or opportunity had been afforded to explain the manner in which the constructions now sought to be removed had been raised and the respondents are proposing the action complained of, though the constructions in question are legal and valid. Though, the respondents in the written statement filed have denied that no notices had been issued to the petitioners, an additional reply on behalf of the Municipal Corporation, Ludhiana has been filed in Court today. In the said additional reply it has been stated that, as on date, there are 19 persons who according to the CWP No. 613 of 2010 (O&M) [2] Corporation are in unauthorized occupation and the Corporation is ready and willing to issue notices to the said persons so as to give them a full opportunity to explain their stand. Learned counsel for the respondents, therefore, has submitted that the writ petition be disposed of by permitting the Corporation to pursue the matter in the aforesaid manner. Learned counsel for the petitioners is not averse to the suggestions made by the learned counsel for the respondent- Corporation. That apart, we have derived into the merits of the matter and it is our considered view that, having regard to the issues involved, this writ petition ought to be disposed of in terms of the stand taken by the Municipal Corporation in the additional reply filed today in the Court. We, therefore, dispose of the writ petition by permitting the Municipal Corporation, Ludhiana to issue notices to all such persons who, according to the Corporation, are encroachers or unauthorized occupants. Thereafter, all such persons will be given a full opportunity to present their respective cases before the competent authority of the Corporation who will then decide the matter on the basis of a reasoned order. In the event the petitioners or any of them continue to feel aggrieved by such orders as may be passed by the Municipal Corporation, it will, naturally, be open for them to avail of such remedies as may be available to them in law. Until the matter is decided by the Municipal Corporation in terms of the present directions, no coercive action will be taken against the petitioners. Writ petition shall stands disposed of in the above terms. (RANJAN GOGOI) CHIEF JUSTICE (SURYA KANT) JUDGE 20.04.2011 'ravinder'