Lakhi Ram And Others vs State Of Haryana And Others on 16 October, 2008

CWP No.13410 of 2007                                                    1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH.

                                       CWP No.13410 of 2007
                                       Date of Decision: 16.10.2008

Lakhi Ram and others                                      .....Petitioners

                                Vs.

State of Haryana and others                               ....Respondents
                                ....

CORAM : HON’BLE MR.JUSTICE RAJIVE BHALLA
HON’BLE MR.JUSTICE JORA SINGH

****

Present : Mr. S.S. Swaich, Advocate for the petitioners.

Mr.Arun Walia, Advocate for respondents no.2 to 4.

….

RAJIVE BHALLA, J (Oral)

The petitioners pray for the issuance of a writ, order or

direction, more particularly, in the nature of mandamus, directing

respondents no.1 to 4, to remove encroachments/unauthorised possession

over the land earmarked for construction of a Community Centre in Sector

14 (Part-I) Urban Estate, Karnal, which is in the unauthorised occupation of

respondent no.5.

During the pendency of this petition, Sh.A.K. Yadav,

Administrator, HUDA, Panchkula, filed an affidavit dated 15.10.2008 and

thereafter an additional affidavit dated 15.10.2008. It transpires that an area

measuring 6114 Sq.yards, out of the area earmarked for construction of a

Community Centre, measuring 7211.60 sq.yards has been allotted to

Krishna Mandir Trust-respondent no.5 @ Rs.3,000/- per sq.yard. The

Administrator, HUDA, has stated in his affidavit that the Community Centre
CWP No.13410 of 2007 2

would be constructed on an alternate site, measuring about 3827 Sq.yards

and is being earmarked in Sector 14, Part-I, Karnal, subject to formal

approval being issued within a period of one month. The Additional

affidavit dated 15.10.2008 filed by Sh.A.K. Yadav, Administrator, HUDA,

Panchkula reads as follows :-

“1. That the deponent is filing the present additional

affidavit in compliance of the direction of this Hon’ble

Court given on 15th October, 2008 in the CWP No.13410

of 2007.

2. That the total area which was earmarked for the

community centre in the demarcation plan of Sector 14,

Part-I,Karnal vide drawing No.DTP(K) 504/83 dated 6th

September, 1983 was 1.49 acres i.e. 7211.60 square

yards.

3. That out of the total area of 7211.60 square yards,

an area of 6114 square yards was allotted to the Krishna

Mandir Trust (respondent no.5) @ Rs.3,000/- per square

yard.

4. That only 1248.70 square yards of land out of

7211.60 square yards is under the possession of HUDA

where the main water works has been constructed and is

functional.

5. That the total area under the occupation of the

Trust is 6508.36 square yards as per the measurements

carried out by the District Town Planner and Estate

Officer, HUDA, Karnal. Since the land adjacent to the
CWP No.13410 of 2007 3

Mandir site belongs to Improvement Trust, Karnal also

and therefore, the exact HUDA area under the

unauthorised occupation/possession of the Krishna

Mandir Trust (respondent no.5), if any, can be identified

only after the reconciliation/joint demarcation of the

adajacent pocket of land with Improvement Trust,

Karnal.

6. That necessary directions have been issued to the

Estate Officer HUDA, Karnal and District Town Planner,

Karnal to get the entire area demarcated immediately

through the concerned Tehsildar in the presence of the

officials of the Improvement Trust, Karnal under

intimation to the HUDA HQ within three days.

7. That if any HUDA land is found to be under the

encroachment over and above the land allotted to the

Krishna Mandir Trust (respondent no.5) appropriate

eviction proceedings shall immediately be launched in

accordance with law to redeem the encroached HUDA

land.”

It is, therefore, apparent that the Administrator, HUDA, has

also accepted that the encroachments, if any, on the land belonging to

HUDA, would be removed. In view of the affidavit dated 15.10.2008 as also

the additional affidavit dated 15.10.2008, counsel for the petitioners pray

that the present petition be dismissed as withdrawn, with liberty to the

petitioners, in case of any other subsisting grievance, to seek redressal in
CWP No.13410 of 2007 4

accordance with law.

In view of the aforementioned statement, the present writ

petition is dismissed as withdrawn with the abovestated liberty. However,

it is made clear that HUDA shall be bound by the affidavit dated

15.10.2008 and the additional affidavit dated 15.10.2008.

                                                 (RAJIVE BHALLA)
                                                      JUDGE



16.10.2008                                          (JORA SINGH)
GS                                                      JUDGE