CWP No. 12264 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 12264 of 2010 Date of decision: 07.02.2011 Narinder Kumar ......PETITIONER VERSUS State of Haryana and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Sajjan Singh Malik, Advocate, for the petitioner. Mr. Anil Rathee, Addl. A.G. Haryana, for respondents No. 1 to 4. Mr. Vinod Bhardwaj, Advocate, for respondent No. 5. Mr. Naresh Kaushik, Advocate, for respondents No. 6 to 9. *** RANJAN GOGOI, ACJ (Oral) This Public Interest Litigation has been filed directing respondents No. 1 to 6 to take necessary action to prevent the public pond of Village Kheri Raiwali from encroachment and to maintain the public pond for the common use of the villagers. The essence of the claim of the petitioner is that the said public pond has been illegally encroached by respondents No. 6 to 9 which CWP No. 12264 of 2010 2 has severely affected the use thereof for common purposes of the villagers. A written statement has been filed by the Block Development and Panchyat Officer on behalf of respondents No. 1 to 4, Kaithal. The Gram Panchayat, which is impleaded as respondent No. 5, has also filed a separate written statement. A perusal of the written statement filed by respondents No. 1 to 4 would indicate that the Deputy Commissioner, Kaithial, after receipt of the notice of the writ petition, had directed the Block Development and Panchayat Officer, Kaithal to visit the spot. Thereafter, the Block Development and Panchayat Officer visited the spot and found illegal constructions thereon. According to the said authority, the Gram Panchayat was directed to pass a resolution for removal of illegal encroachments. Accordingly, the Gram Panchayat passed a resolution dated 30.09.2010 for the demarcation of land in dispute. Thereafter, the Block Development and Panchayat Officer had asked the Tehsildar, Kaithal by letter dated 04.10.2010 to demarcate the land so that ejectment applications under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 can be filed. In the affidavit filed by the Sarpanch of the Gram Panchayat, it has been stated in para 3 that the Gram Panchayat is ready to initiate the proceedings under the Punjab Village Common Lands (Regulation) Act, 1961 against any person found in unauthorized possession of Panchayat land. The submissions made in the written statements filed by the respondents, as noticed above, would indicate that some action in the matter of removal of encroachment has been taken. However, the said action has to be brought to its logical conclusion. CWP No. 12264 of 2010 3 We, therefore, direct to respondents No. 1 to 5 that demarcation of the land in question shall be completed, if not already so done, within 30 days from the date of receipt of a copy of this order and thereafter, the Gram Panchayat, as has undertaken before this Court, will take necessary steps under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 for removal of the encroachments. The Gram Panchayat will initiate immediate action in the matter. With the above observations and directions, this Public Interest Litigation stands disposed of. ( RANJAN GOGOI ) ACTING CHIEF JUSTICE ( AUGUSTINE GEORGE MASIH ) JUDGE February 07, 2011 pj