Disposed

Rohan Kumar and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC16 Aug 2012CWP/17623/2007

Case brief

AI extract

What is this about?

This PIL filed in the High Court of Punjab and Haryana directed the Jalandhar Improvement Trust to remove encroachments from a 120-foot road within the Rishi Nagar development scheme. The Court held the Trust responsible for the entire scheme, including roads, and directed it to issue show-cause notices despite arguments regarding Central Government land.

What did the court decide?

Directing the Administrator of the Trust to issue show-cause notices to unauthorized occupants of the road and take stern action against them.

Rohan Kumar and Ors. Vs State of Punjab… — Municipal and Town Planning | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 17623 of 2007

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Date of Decision: 16.8.2012

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Rohan Kumar and Others

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... Petitioners

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Versus

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State of Punjab and Others

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... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

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Present: Mr. R.S. Bajaj, Advocate for the petitioners.

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Mr. Ashok Aggarwal, Advocate General, Punjab with Mr. Mukul Aggarwal and Mr. J.S. Puri, Additional Advocate Generals, Punjab, for respondent No.1.

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Mr. Sandeep Khunger, Advocate for respondent No.2.

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Mr. Deepak Sabharwal, Advocate for respondent No.3.

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Jasbir Singh, Acting Chief Justice (Oral)

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This writ petition has been filed in public interest for issuance of directions to the respondents to remove the encroachments from 120 feet wide road existing in Development Scheme of 143.56 acres, floated by respondent No.3-Jalandhar Improvement Trust, Jalandhar (hereinafter referred to as “the Trust”). The area is known as Rishi Nagar, Jalandhar.

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Pursuant to the issuance of notice, reply by way of an affidavit of M.D. Sharma, Municipal Town Planner, Municipal Corporation,

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Civil Writ Petition No. 17623 of 2007

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Jalandhar, has been filed, relevant contents whereof read thus:-

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“2. That the site in question falls in the residential scheme known as Rishi Nagar which was originally carved out by the Jalandhar Improvement Trust. This scheme was floated by the Jalandhar Improvement Trust and all the plots falling in this 143.56 acres scheme have been allotted the Jalandhar Improvement Trust. The Rishi Nagar Scheme has not been transferred to the Municipal Corporation, Jalandhar yet so, it is responsibility of the Jalandhar Improvement Trust to take the action against these encroachments as per rules as no building control is with the Municipal Corporation, Jalandhar.”

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In the reply filed by respondent No.3-Trust, an attempt has been made to confuse the matter by stating that some portion of the land shown under encroachment belongs to the Central Government and the Trust has nothing to do with it. The stand taken by the Trust is unreasonable. As per the Scheme floated by the Trust known as Rishi Nagar, Jalandhar, 120 feet road is also a part thereof. It is the duty of the Trust to remove the encroachment if anybody is found to have raised encroachment on such like road and the Trust cannot wash off its hand simply taking a plea that some portion of land belongs to the Central Government.

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Civil Writ Petition No. 17623 of 2007

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Accordingly, the Administrator of the Trust is directed to issue show cause notices to the persons who have unauthorizedly occupied the road which is left in the Scheme and to pass an appropriate order after affording due opportunity of hearing to them. It goes without saying that stern action will be taken against those who are found in unauthorized occupation of the Government Land/Road.

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With the aforesaid directions, this writ petition is disposed of.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain) Judge

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August 16, 2012 “DK”

Rohan Kumar and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Rohan Kumar and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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