SKS BEDI Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The writ petition has been filed by the petitioner in the nature of a public interest petition for directing the respondents to remove the illegal encroachments by the shopkeepers and other persons on the Babiyal Road, Ambala commencing from Mahesh Nagar, Jagadhari Road, Ambala Cantt. and ending at village Balayal, Tehsil and District Ambala. A further direction is sought for directing the respondents to recover charges for the removal of encroachments and charges for the illegal use and occupation of the encroached areas by those who have encroached upon the same.

(2.) The petitioner on the last date of hearing i.e. 15.9.2016 was confronted with the provisions of Section 408-A of the Haryana Municipal Corporation Act, 1994 ('the Act' - for short) which relates to power to evict persons from Corporation premises/land. It is provided in terms of Section 408-A (1) (b) of the Act that if the 'competent authority' is satisfied that any person is in unauthorized occupation of any premises/land or building/ structure constructed thereon, of the Corporation, the 'competent authority' may, notwithstanding anything contained in any law, for the time being in force, by notice served upon him by post or by person and if such person avoids service or is not available for service of notice or refuses to accept notice, then by affixing a copy of it on the outer door or some other conspicuous part of such premises/land or building or by beating of drums or in such manner, as may be prescribed, call upon such person to appear and show cause why he should not be ordered to vacate the said premises/ land or building/structure constructed thereon or demolish unauthorized construction and to restore it to its original state or to bring it in conformity with the provisions of the Act or rules framed thereunder, as the case may be, within a period of seven days from the date of service of the notice. In terms of sub-Section (2) of Section 408-A of the Act, if such person fails to show cause to the satisfaction of the 'competent authority' or fails to appear or refuses to appear before the 'competent authority', as the case may be, within a period of seven days, the 'competent authority' shall pass an order requiring him to vacate such premises/land or building/structure constructed thereon or demolish unauthorized construction and restore to its original state or to bring it in conformity with the provisions of the Act or the rules framed thereunder, as the case may be, within a further period of seven days.

(3.) The provisions of Section 408-A of the Act provides a complete mechanism for eviction of unauthorized occupants of any premises/land or building/structure constructed thereon of the Corporation. A power is vested in the 'competent authority' to remove such unauthorized occupants. 'Competent authority' has been defined in Section 2 (4A) of the Act to mean the Joint Commissioner of the Corporation. Section 408-B of the Act provides for an appeal by any person aggrieved by an order of the competent authority under sub-section (2) of Section 408-A of the Act.