PUNNU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of C.W.Ps. No. 5751, 5797, 5798 of 1988 and 11733 to 11737 of 1989, as common question of law and fact is involved in all these writ petitions. Facts are being taken from C.W.P. No. 11733 of 1989.

(2.) IN the year 1978 Municipal Committee, Fatehabad (hereinafter referred to as M.C.) decided to set up a market along the Thana Road abutting the market which had already been set up at the road known as Municipal Committee Road. The shops were leased out by way of auction to the petitioner. Two other shopping complexes have also been developed in the proximity of the shop leased out to the petitioner. This petition has been filed with the plea that respondent -committee is threatening to forcibly dispossess the petitioner and demolish the entire market to set up another shopping centre; that the intended action taken by the respondent -committee was politically motivated and the same has been done at the instance of one Shri Om Parkash Chautala who was then Member of Parliament and son of the then Chief Minister Ch. Devi Lal; that the shops were intended to be demolished without issuing notice to the petitioner.

(3.) IN view of the written statement filed, I find no merit in this petition. It has been categorically stated in the written statement that the petitioner shall be evicted only through due process of law and the shop would also be demolished after taking possession in accordance with law. The persons against whom mala fides are alleged have not been arrayed as parties to the writ petition, therefore, I decline to go into those allegations. Petitioner has already been made an offer of alternative shop in the new market which would be constructed after taking over the present complex.