CITIZEN WELFARE SOCIETY (REGD.) Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel has entered appearance for respondents No. 2 and 3/Municipal Corporation, Jalandhar and is permitted to place on record an affidavit of the Commissioner of Municipal Corporation, Jalandhar. The affidavit sets out the history of the settlement of Bhargo Camp. Apparently, this settlement came into being in post 1947 situation and was initially named as Bhargav Camp for the refugees in the name of the then Chief Minister Dr. Gopi Chand Bhargav. The migrants from West Pakistan were given benefit of allotment of barracks of two marlas of land and common toilet facilities per refugee family. There was paucity of space which did not make it possible for construction of bath rooms and toilets. The refugees were stated to be largely labourers and earning their livelihood by plying bullock carts, small dairies, sheep/goat keeping, pottery etc. It is these allottees who constructed bath rooms or toilets or storage rooms on the space of the streets abutting and adjoining their barracks/quarters.

(2.) It is stated that in pursuance of the directions of this Court from time to time removal of encroachments from public streets has taken place to ensure that there is no traffic haphazard. As far as the remaining encroachments are concerned, it is stated that though they are unauthorized, yet taking into consideration the humanitarian aspect, endeavour was resolved to be made to regularize the constructions. A Committee consisting of officials of the Municipal Corporation as well visit the area and submit its recommendations as regards regularization of encroachments based on the following parameters:--

(3.) The Committee is stated to have conducted a physical survey and reported 525 encroachments/unauthorized constructions and that vide letter dated 19.10.2006 the government accorded its approval to the recommendations of the Committee with directions to recover a reasonable price for the land.