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Judgment
Vijender Jain, C.J.—CM No. 1442 of 2008 is allowed. Better particulars are taken on record.
CM No. 1466 of 2008 is allowed. Annexure P-13 is taken on record.
Counsel for the petitioners has contended that the land of the petitioners is being taken by the respondents without being formally acquired.
We have perused the affidavit filed on behalf of the respondents wherein a categoric statement has been made that no private land is being taken by the respondents. The land which is under encroachment, the encroachments have been removed to beautify the embankment of Holi Bein.
On the other hand, the petitioners have contended that it is their land, which has been forcefully taken by the respondents.
We cannot decide disputed question of fact in the writ petition. Even from the photographs filed by the petitioner, it seems that the embankment has been cleared from encroachment and no pucca structure has been made by the respondents. Therefore, if the petitioners are still aggrieved, they may avail other remedies available to them in accordance with law.
With the aforesaid observations, the writ petition stands disposed.