Judgment:
CWP-5787-2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
CWP No.5787 of 2011 (O&M) Date of decision: August 07, 2014 Gugan ...Petitioner Versus State of Haryana & others ...Respondents CORAM: HON'BLE Mr.JUSTICE RAJAN GUPTA Present: Mr.Arun Yadav, Advocate for the petitioner.
Mr.Saurabh Mohunta, DAG, Haryana.
Mr.Sunil Kumar, Advocate for Mr.Minderjeet Yadav, Advocate for respondents No.3 & 4.
Rajan Gupta, J.
In the instant petition, petitioner has prayed for a writ in the nature of certiorari for quashing orders Annexures P-1, P-3 and P-7 respectively whereby petitioner has been directed to remove illegal construction from the spot.
Gram Panchayat Chandawas issued notice to the petitioner under section 24 (1) of Haryana Panchayati Raj Act directing the petitioner to remove illegal Chabutra constructed in a passage.
Petitioner filed his objections.
However, same were rejected.
He preferred appeal before Director Panchayats, Haryana.
Same was dismissed on 11.2.2011.
Learned counsel for the petitioner has assailed the order.
According to him, action against the petitioner is due to party faction in the village.
There is no illegal Chabutra constructed by the petitioner.
Singh Rajpal 2014.08.07 16:45 I attest to the accuracy and integrity of this document Chandigarh CWP-5787-2011 2 Learned counsel appearing for the respondents, however, vehemently denied the plea.
According to them, petitioner has encroached in more than half of the street which is 55' wide.
As a result, only 27' passage is available at the spot.
I have considered the arguments of counsel for the parties.
It is evident that petitioner was granted adequate opportunity of hearing before impugned order was passed.
The authorities below have come to the conclusion that petitioner has encroached upon part of the street.
He has, thus, been directed under section 24 of the Act to remove the illegal construction.
I do not find any ground to interfere in the orders passed.
No other point has been urged by counsel for the petitioner.
There is, thus, no merit in the petition.
Dismissed.
(RAJAN GUPTA) JUDGE August 07, 2014 'rajpal' Singh Rajpal 2014.08.07 16:45 I attest to the accuracy and integrity of this document Chandigarh