HC for removal of encroachments in Pinjore; seeks compliance by March

The plea was filed in 2016, by one Narain Saroop Sharma, a Pinjore resident who had demanded that directions be issued to the respondents to demarcate the municipal land and take appropriate steps for its vacation from illegal occupation of different persons

The Punjab and Haryana high court has directed Panchkula administration to get land freed from encroachers in Pinjore and file a compliance report regarding the same by March.

As per the record produced before the court, multiple forums were approached by the petitioner. (iStock)

“It is the statutory duty of the local bodies to ensure that the land and properties belonging to them remain free of encroachments. In the present case, it appears that despite admitting that there is encroachment over the municipal land, no effort has been taken to evict the encroachers,” the bench of chief justice Sheel Nagu and justice Anil Kshetarpal observed.

The plea was filed in 2016, by one Narain Saroop Sharma, a Pinjore resident who had demanded that directions be issued to the respondents to demarcate the municipal land and take appropriate steps for its vacation from illegal occupation of different persons. Further directions were also sought to take appropriate proceedings against the erring officials. It was further alleged that the land belonging to Kalka-Pinjore municipal council, a large portion of which has been encroached upon by several persons and neither municipal authorities nor functionaries of the state are evicting the said encroachers.

No action despite multiple pleas

The council is the owner of 278 bigha 7 biswa of land, recorded in the nature, a large portion of which has been occupied by different persons. The petitioner had even given khasra number of the land and details of occupiers in the plea. As per the record produced before the court, multiple forums were approached by the petitioner. However, authorities did not initiate process for removal of the encroachers.

During the hearing of the case in 2019, Panchkula municipal commissioner had filed a status report in July 2019 wherein it was not denied that there is encroachment on the details of khasra/survey numbers submitted.

The court further recorded that certain show-cause notices under Section 408A(1) of the Haryana Municipal Corporation Act, 1994, had been issued which, for “reasons best known” to the civic body could not reach their logical end. As a result, the encroachment continues to exist. The corporation has also issued notices under Section 408A(2) of the Act. These notices were issued some time in June 2019, but even after expiry of more than five years, no effort has been made to evict the encroachers, it said issuing a slew of directions to get land free from encroachment. Both these sections deal with process of removal of a person who is an occupier of municipal land.