SATYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPREHENSIVE of being exposed of concealment of material facts and consequences thereof, residents of A.C. Nagar, Neelam Bata Road, Faridabad, it appears, have chosen the petitioner - SATYA - Support for Asain Trust and Youth Amity, stated to be a Trust, working for the welfare of the people of Delhi and adjacent areas, which, by joining with it, Nagar Vikas Samiti through its General Secretary, has filed this petition endeavouring to show that it is working for the protection and vindication of the rights of residents of A.C. Nagar, Neelam Bata Road, Faridabad. The petitioners, even though stated to be registered Trust and Samiti, working for the welfare of the people and having been approached by the residents of A.C. Nagar, Neelam Bata Road, Faridabad and further through its employees and agents having surveyed the area in question and having found that the persons, who are residing there are in peaceful and settled possession for the last 40 years and they ought not to be disturbed by the Municipal Corporation, have, it appears, hardly tried to gather correct facts and for the avowed purpose of doing welfare of the residents of Delhi, has in fact indulged in total concealment of the facts, with a view to procure favourable orders by all deceitful means. This petition is nothing short of an abuse of the process of Court.

(2.) PETITIONERS , which are stated to be registered Trust and Samiti, are stated to be working for the welfare of the people of Delhi and adjacent areas of Delhi. It is the case of the petitioners that representatives of residents of A.C. Nagar, Neelam Bata Road, Faridabad, approached them and made grievances that they are in peaceful possession of their colony aforesaid for the last 40 years and the Nagar Nigam (Municipal Corporation) is making attempt to evict them without adopting any procedure of law. The petitioners, through their employees and agents, are stated to have made survey of the area in question and found that the persons, who are residing there, are in peaceful and settled possession for the last 40 years and they ought not to be disturbed by the Municipal Corporation. From the survey conducted by the petitioners, it was, however, revealed that A.C. Nagar, Neelam Bata Road, Faridabad, is comprising of more than 10,000 families and they are in peaceful and settled possession and all the families are having their ration card, electricity bills, water bills, telephone bills etc. since last 40 years. A.C. Nagar, Neelam Bata Road, Faridabad, is stated to have its own primary school and family health centre and all sanitary facilities are also available there. The respondent-Corporation, however, is making efforts to evict them from their peaceful possession, which is against the principles of natural justice and same would infringe fundamental rights of the residents of the said colony. It is then pleaded that the Corporation issued notice to almost all the residents on 9.5.2003 for giving reply to show cause as to why they should not be evicted under the Public Premises Act.

(3.) WHEN the matter came up for hearing on 22.9.2003, learned counsel representing the petitioners, on instructions, made a statement, which would be reflected from the order itself. Same reads thus :-