High CourtsSingle Bench(2011) 01 P&H CK 0198

Dr. Satish Kumar Arora and Another vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 24 January 2011

HON’BLE JUDGES
Mehinder Singh Sullar, J
CASE NUMBER
CWP No. 15327 of 2009 (O and M)

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Judgment

8 paragraphs · 439 words

Mehinder Singh Sullar, J.—The present Petitioners and other similar situated persons, Petitioners in CWP No. 3196 of 2010 and others, claiming themselves to be owner of their respective properties, instituted a bunch of writ petitions for direction to Respondents not to demolish their buildings situated at Old G.T. Road, Phillaur. What is not disputed here is that a bunch of connected writ petitions came to be disposed of by a Coordinate Bench of this Court (Surya Kant, J) vide order dated 20.7.2010 rendered in main CWP No. 3196 of 2010- Jagjit Singh v. State of Punjab and Ors., in which, the following directions were issued with the consent of learned Counsel for the parties:

i. The Sub Divisional Magistrate, Phillaur shall be the competent authority to determine the subject controversy, noticed above;

ii. Since only the specific Khasra number in possession of the Petitioners needs to be identified, there shall be no necessity to invite pleadings from the parties. However, the Sub Divisional Magistrate, Phillaur shall grant five opportunities to each party to lead their respective oral and/or documentary evidence to prove the identification of the Khasra Number (s), when the buildings have been erected. The parties shall lead examination-in-chief by way of affidavits through the witnesses shall be produced for cross-examination.

iii. The SDM shall return a categoric finding as to whether the constructions raised by the Petitioners are on Khasra No. 63 or 70. The proceedings shall be concluded and report shall be submitted within a period of three months from the date a certified copy of this order is received.

iv. In case it is found that the buildings or part thereof are on Khasra No. 70, the Municipal Council, Phillaur, shall be at liberty to forward the case of the Petitioners for compounding to the State Government, who shall then take an appropriate decision in accordance with law within a period of one month. However, the decision to compound shall be in consonance with the directions issued by this Court vide order dated 6.7.2010, re-produced above.

2.

Petitioners have filed the present Civil Misc. No. 17346 of 2010 for disposal of the instant main writ petition in view of the decision rendered in CWP No. 3196 of 2010.

3.

Learned Counsel for the parties are ad idem that the present writ petition deserves to and be disposed of in the same terms of the order passed in CWP No. 3196 of 2010.

4.

In the light of the aforesaid, the instant writ petition is also disposed of in the same terms of order dated 20.7.2010 rendered in CWP No. 3196 of 2010 as prayed for.