ANGOORI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) From the written statement filed on behalf of the Municipal Council and the Deputy Commissioner, it transpires that the issue with regard to the subject open-space is still pending before the Deputy Commissioner, Panipat. Mr. Garg, learned counsel for the Deputy Commissioner, Panipat submits that on the letter written by the Council to him on 10th March, 2004, the Deputy Commissioner has sought some information from the Council vide letter, dated 21st October, 2004, but the requisite information has not been furnished so far. Learned counsel for the Council submits that the information shall be supplied within two weeks.

(2.) In view of the above factual scenario, we dispose of the writ petition with a direction to the Deputy Commissioner to take a final decision on the letter written by the Council on the basis of their representation made by the residents in the area, as expeditiously as practicable and in any case not later than eight weeks from today.

(3.) Further action for removal of the alleged encroachments, if any, shall be taken by the Council strictly in terms of the orders, to be passed by the Deputy Commissioner. We may, however, clarify that in case the petitioner is not satisfied with the decision, to be taken by the Deputy Commissioner, it will be open to her to avail of an appropriate remedy, as may be available, in accordance with law.