The High Court of Punjab and Haryana accepted a writ petition in part, directing the Municipal Corporation to decide the fate of notices issued to remove illegal encroachers from its land within six months.
Directed the Commissioner of MC to consider the notices and take appropriate action within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Writ Petition No.19470 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P.No.19470 of 2010 Date of Decision:-20.10.2011
Hukam Singh ...Petitioner
Versus
State of Haryana & Ors. ...Respondents
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Present:Mr.Vikas Kumar, Advocate for the petitioner.
Mr.Rajiv Parshad, DAG Haryana for respondent No.1. Mr.Sudhir Kumar, Advocate for Mr.Narender Hooda, Advocate for respondent No.2.
Mr.Sushil Jain, Advocate for respondent Nos.6 to 14.
Mehinder Singh Sullar, J . (Oral)
The compendium of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that Municipal Corporationrespondent No.2 (for brevity “the MC”) is owner of land, comprised in rectangle No.25, bearing Killa No.18/1(2-3), worth crores of rupees, situated in village Sarai Khawaja, Tehsil and Distt.Faridabad. The private respondent Nos.3 to 22 are stated to have encroached upon and are in its un-authorized possession.
Civil Writ Petition No.19470 of 2010 -2-
Civil Writ Petition No.19470 of 2010 -3-
private respondents are in un-authorized possession of land comprised in rectangle No.25, bearing Killa No.18/1(2-3). On the contrary, according to private respondents, they have purchased the land under their possession from the MC. Although they have not produced on record the sale deed, by means of which, they have stated to have purchased the land from the MC, but it is not a matter of dispute that the sale deed is in respect of land, bearing Khasra No.100 (not of land in question bearing Killa No.18/1(2-3)).
direction .
( Mehinder Singh Sullar ) 20.10.2011 Judge AS
Whether to be referred to reporter? Yes/No
2 issues framed by the court
Whether the Municipal Corporation was in default for failing to take action on notices issued for removal of illegal encroachment.
Whether directions issued by a High Court under Article 226 are appropriate when a corporation neglects its statutory duty to eject unauthorized encroachers.
Colour shows how this judgement treated each authority
Jagpal Singh and others v. State of Punjab and othersApplied¶21
2011(1) RCR (Civil) 912
2 provisions across 2 enactments
Hukam Singh
State of Haryana
Municipal Corporation
Mehinder Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
