BHIM SAIN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed seeking directions from the Court prohibiting the respondent No. 6 from raising any construction over plot Nos. 11 and 12 located near DAV School, Bareta. According to the petitioner, the said plot had been allotted to the Jain Society represented by the respondent No. 6 by a resolution dated 27.09.2011 of the Municipal Council, Bareta. The said resolution is yet to be approved by the Government as required under Section 235 of the Punjab Municipal Act, 1911. However, the respondent No. 6 has started construction over the plot, which, in the absence of the approval of the resolution of the Municipal Council, is wholly unauthorized.

(2.) The respondents No. 4 and 5 i.e. Executive Officer and President of the Municipal Council, Bareta have filed a reply wherein it has been stated that the resolution dated 27.09.2011 of the Municipal Council has been suspended by the Regional Deputy Director, Local Govt. Bhatinda on 18.10.2011 and as on date no lease in respect of the land in question exists.

(3.) If the impugned resolution has been suspended and no lease, in respect of the land in question exists as on date, we do not find any live issue for adjudication in this writ petition. In so far as the illegal construction raised by the respondent No. 6 is concerned, it is stated that the said respondent has completed the construction of the boundary wall. A prayer has been made that an order should be passed directing demolition of the said boundary wall. If the boundary wall has been raised and the same is in contravention of the law in force, undoubtedly the respondents No. 4 and 5 would be fully competent to deal with the matter in accordance with law. We, therefore, direct accordingly and close this writ petition in terms of our aforesaid observations and directions.