IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.8232 of 2011
Shiv Kumar & another Vs. The Commissioner, Ambala
Division, Ambala Cantt & others
Present: Mr.K.G.Chaudhry, Advocate,
for the petitioners.
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RANJIT SINGH, J.
The petitioners are alleged to have encroached upon a
street. A complaint was made by his neighbour in this regard. The
petitioners were afforded due opportunity to show that they have not
encroached any street. They got full opportunity to lead the evidence
which they exercised. The complainant had also then placed on
record the material including the sale deed to show encroachment on
the part of the petitioners. The submission that the petitioners had
got a plan sanctioned would not suffice as the same sanctioned plan
was cancelled.
Submission is that the petitioners were not heard while
ordering the cancellation. It would also be immaterial. Once the
petitioners were given due and adequate opportunity by the authority
passing the order to show that they had not encroached on any land,
the cause to complain would not remain. The material, which was
placed before the authorities, has been well analysed and thereafter
impugned order was passed. The petitioners remained un-successful
in appeal. I do not find any reason to interfere in the well reasoned
order passed by the authorities concerned. The petitioners
apparently seem to be persons, who have encroached upon the
street.
Dismissed.
May 10, 2011 ( RANJIT SINGH ) ramesh JUDGE