Petitioners challenging a direction to remove unauthorized encroachments argued based on apprehension. Court dismissed petition as it rested on mere apprehensions and conjectures, noting statutory procedure was not waived.
Petition.dismissed on the ground that it was based on mere apprehensions and conjectures.
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I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Civil Writ Petition No.2932 of 2014 (O&M) DATE OF DECI SI ON: 26.02.2014
Smt. Bhupal Devi and another
…..Petitioners
versus
State of Haryana and others
.....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr. Amit Kumar Jain, Advocate for the petitioners
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
The petitioners claim to be residents of Jind city who purchased a house measuring 120 square feet in Mishra Mohalla, Hanuman Gali. It is the case of the petitioners that there is a registered sale deed executed in their favour dated 25.8.1958. Learned counsel for the petitioners states that the petitioners have also got a sanctioned plan.
The apprehension of the petitioners arise from the direction passed in CWP No.335 of 2014 calling upon respondents to remove unauthorised encroachments pursuant whereto a public notice was issued in the newspapers on 2.2.2014.
We fail to appreciate the apprehension of the petitioners. The direction applies only to such constructions as m ay be unauthorised, calling upon to act in accordance with law. Thus, whatever procedure is required to be followed for removal of unauthorised constructions has not been waived by the order in the earlier writ petition.
Chand Parkash 2014.02.26 13:58 I attest to the accuracy and integrity of this document
CW P- 2932 - 2014
- 2 -
The present petition, thus, based on mere apprehensions
and conjectures, cannot be entertained.
Dismissed.
( SANJAY KI SHAN KAUL ) CHI EF JUSTI CE
26.02.2014 ( ARUN PALLI ) parkash* JUDGE
Chand Parkash 2014.02.26 13:58 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the present petition based on mere apprehensions and conjectures can be entertained.
Smt. Bhupal Devi
another
State of Haryana
Sanjay Ki Shan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
