The High Court dismissed the writ petition noting that an appeal lies under the Act. The order grants a 15-day stay on implementation of orders directing removal of encroachment.
Petition dismissed with liberty to file an appeal; implementation of orders stayed for 15 days.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.21779 of 2022 Date of Decision: 21.09.2022
Anand Uppal and Anr.
......Petitioners
Versus
State of Haryana and Ors.
.....Respondents
CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU HON'BLE MR. JUSTICE LALIT BATRA
Present: Mr. Vikram Singh Punia, Advocate for the petitioners. Ms. Tanisha Peshawaria, DAG, Haryana.
HARINDER SINGH SIDHU, J
Petitioners, who are residents of Sector 4, MDC, Panchkula, are aggrieved of orders dated 14.09.2022 (P.11) passed under Section 18(1)(b) of the Haryana Shehri Vikas Pradhikaran Act, 1977 (hereinafter to be referred as “the Act”) by the Estate Officer-cum-Collector exercising the powers of the Collector whereby they have been directed to remove the encroachment over HSVP land in the front/side courtyard of their respective Houses.
As per Section 20 of the Act, any person aggrieved by an order of the Collector under section 18 or section 19 may prefer an appeal to the Director, or such other[Pradhikaran], as the State Government may appoint in this behalf. The order being appealable, we find no reason to entertain the present writ petition.
Accordingly, present petition is disposed of, giving liberty to the petitioners to avail of appropriate remedy of filing an appeal under the provisions of the Act.
Implementation of the impugned orders shall remain stayed for a period of fifteen days from today.
(Harinder Singh Sidhu) Judge
September 21, 2022 (Lalit Batra) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
MANOJ KUMAR 2022.09.21 17:43 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the present writ petition lies despite the existence of an appeal under Section 20 of the Act.
2 provisions across 1 enactments
Anand Uppal and Anr.
State of Haryana and Ors.
Harinder Singh Sidhu
Lalit Batra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
