The Punjab and Haryana high court has given the last opportunity to the Nayagaon municipal council to clear encroachments from roads.
The high court bench of justice Mahesh Grover on Saturday observed that the council and its functionaries have failed to restore orderliness in the area by removing encroachments. “One of the options before this court is to either held the respondents guilty of contempt and deal with them appropriately under the Contempt of Courts Act and to sentence them or impose exemplary costs or in the alternative conclude that the council and its functionaries have failed to discharge their functions regarding which appropriate orders to record their failure need to be passed. But, before the court concludes either way, it gives respondents one more opportunity to redress the situation and comply with the mandate of the writ court,”stated the high court bench of justice Mahesh Grover, while recording that even the authorities were candidly admitting the petitioner’s contention that there was no improvement in so far as removal of encroachment was concerned.
The court was hearing a contempt petition wherein petitioner advocate Mohinder Kumar had alleged that despite direction from the HC to clear encroachments, it was not easy to commute on Nayagaon roads as shopkeepers and rehriwallahs had encroached upon the roads. The high court has summoned executive officer and station house officer of Nayagaon police. But only the SHO showed up and the high court was told that the executive officer, who was required to file proposal, was stated to be hospitalised.
The petition was filed in 2008, and it was disposed of by the high court in 2009, directing the authorities concerned to remove the encroachments. As the order was not complied with, a contempt petition was filed in 2011. While keeping the matter for further hearing for December 5, the court has now given the last opportunity to the police and the council to clear encroachments.