The Court, noting assurances and reports that unauthorized constructions have been stopped and encroachments removed, held the writ petition infructuous and disposed of it.
Petition disposed of as infructuous; liberty given to deceased's family to claim damages.
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.
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 11968 of 2009
Date of Decision: 23.8.2012
Court on its own motion
... Petitioner
Versus
State of Punjab and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.
Present: Ms. Tanu Bedi, Advocate (Amicus Curiae).
Mr. Saurav Verma, Advocate for petitioner No.2.
Mr. J.S. Puri, Additional Advocate General, Punjab, for respondent No.2.
Mr. Salil Sagar, Senior Advocate with Mr. Kamal Kant, Advocate for respondent No.3.
Mr. V.K. Vashisht, Advocate for respondent No.4. Mr. N.S. Shekhawat, Advocate for respondent No.5.
Mr. Naresh Parbhakar, Advocate for Greater Mohali Area Development Authority.
Jasbir Singh, Acting Chief Justice (Oral)
Pursuant to order dated 1.8.2012 passed by this Court, Ashok
Kumar Gupta, Director, Local Government, Punjab, has come present in the Court. Status report by way of an affidavit of this above officer has been placed on record. In the affidavit filed, he has stated that master
Civil Writ Petition No. 11968 of 2009
2
plan was made effective, so far as Zirakpur area is concerned, in the year 2009 and thereafter within the municipal limits no unauthorized construction cropped up. He has further stated that action has been taken by the Municipal Council, Zirakpur against 500 encroachers and the encroachments have been removed. It is also brought to our notice that the authorities of Greater Mohali Area Development Authority (hereinafter referred to as “GMADA”) has identified 30 cases of different types of violations wherein penal action has been taken. On instructions from the Executive Officer of the Municipal Council, Zirakpur, he has stated that Sewage Treatment Plant will be completed by 31.3.2013. It is also brought to our notice that the work of laying of underground sewage lines has been completed to the extent of 90% and the rest will be completed by 31.3.2013. The Executive Officer of the Municipal Council, Zirakpur is also present in the Court. He has also stated that the work is being carried out at the spot. It is also stated at the bar that no unauthorized colony shall be approved henceforth within the limits of Municipal Council, Zirakpur. The Director, Local Government, Punjab informed the Court that directions issued vide letter dated 13.8.1999 have been withdrawn.
Mr. Salil Sagar, Senior Advocate, assisted by Mr. Kamal Kant, Advocate, appearing on behalf of respondent No.3 has also handed over a cheque of ` 1,00,000 to the family of the deceased as an exgratia amount.
In view of the orders passed by this Court from time to time and the assurance given by the Director, Local Government, Punjab, in
Civil Writ Petition No. 11968 of 2009
3
his affidavits, placed on record on earlier dates and today, this writ petition having become infructuous is disposed of. However, liberty is given to the family of the deceased to claim damages as per law.
(Jasbir Singh) Acting Chief Justice
(Rakesh Kumar Jain) Judge
August 23, 2012 “DK”
Petitioner
State of Punjab
Greater Mohali Area Development Authority
Jasbir Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
