HARSH VARDHAN Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Whether the writ jurisdiction of the High Court deserves to be exercised for restraining the State and its agencies from enforcing the provisions of law under which they are empowered to remove encroachments from public land is the question which arises for adjudication in these petitions filed by the residents of Sectors 4, 6, and 7 of the Urban Estate, Panchkula who have prayed for quashing the public notices issued by the Administrator, H.U.D.A., Panchkula (hereinafter described as 'respondent No.2') and the Estate Officer, H.U.D.A., Panchkula (hereinafter described as 'respondent No.3')

(2.) At the out-set, we deem it appropriate to reproduce the notices issued by respondents No.2 and 3 respectively which have been filed as Annexures P.1 and P.2 along with C.W.P. No.4148 of 1999. The same read as under :

(3.) In the written statement filed by them in C.W.P. No.4148 of 1999, the respondents have averred that the petitioners, who were given possession of the plots allotted to them in accordance with the provisions of the Act, do not have the right to encroach upon H.U.D.A. land which has been left vacant for the benefit of general public. However, they have encroached upon the open spaces, road berms and road reservation by raising pucca structures and by putting up grills and fences. According to the respondents, this not only hinders free movement of people but also operates as traffic hazard. They have further averred that the road berms are meant to be used for laying down service facilities such as sewerage pipes, water pipes, telephone and electric lines and other essentials for the benefits of people of the area. The respondents have averred that due to encroachments made by the petitioners and other plot owners, the pedestrians cannot use the road reservations and berms and they are always subjected to the danger of being hit by the fast moving vehicles. It has also been averred that the excessive use of water in maintaining such lawns and hedges results in the scarcity of water and the spilled water causes damage to the road.