Palam Vihar Residents Association ( Regd. ) Through Capf. P. Goswa-mi Vs. State of Haryana and Others
EmailAppeal: SLP (C) No. 11023 of 1996
Petitioner: Palam Vihar Residents Association ( Regd. ) Through Capf. P. Goswa-mi
Respondent: State of Haryana and Others
Apeal: SLP (C) No. 11023 of 1996
Judges: G.N. RAY & G.B. PATRANAIK , JJ.
Date of Judgment: Mar 21, 1997
Head Note:
CONSTITUTION
Article 226 , 136 – Unauthorised encroachments and constructions in Palam Vihar – Area highly developed and close to NCT of Delhi . Ordered that Govt. of Haryana should from a monitoring cell com-prising of Gazetted officers of Haryana police Services . Haryana a Police Services . Haryana Civil Services and from office of Distt. Town Planner Enforcement to monitor all complaints and report to special Bench of Punjab and Haryana High Court , to be constituted by the chief justice of that High Court .
Article 226 , 136 – Unauthorised encroachments and constructions in Palam Vihar – Area highly developed and close to NCT of Delhi . Ordered that Govt. of Haryana should from a monitoring cell com-prising of Gazetted officers of Haryana police Services . Haryana a Police Services . Haryana Civil Services and from office of Distt. Town Planner Enforcement to monitor all complaints and report to special Bench of Punjab and Haryana High Court , to be constituted by the chief justice of that High Court .
JUDGEMENT:
ORDER
1 . Considering the facts and circumstances of the case and hearing Mr Harish N. Salve , the learned Senior Counsel appearing for the Palam Vihar Residents Association and Dr Singhvi , the learned Additional Solicitor General appearing for the State of Haryana , it appears to us that the area in question being highly developed and quite close to the National Capital of Delhi , special care is required to be taken to ensure that unauthorised encroachment and unauthorised constructions are not made in the area . In our view , it will be only appropriate if the Government of Haryana forms a Monitoring Cell with a Gazetted Officer from the Government of Haryana Police Service , a Gazetted Officer from the Haryana Civil Service and also a Gazetted Officer from the Office of District Town Planner Enforcement , Gurgaon . We direct accordingly . Such cell will ensure against unauthorised construc-tion and unauthorised encroachment of the area in question and will monitor each complaint of unauthorised construction and encroachment and progress of pending cases in connection with encroachment and construction and will take appropriate steps required to be taken for the purpose of removing such unauthor-ised construction and unauthorised encroachment . It also appears to us that it will be only appropriate if Hon’ble the Chief Justice of Punjab & Haryana High Court constitutes a Special Bench of the said High Court where the Monitoring Cell will report back to such Bench the developments in the matter and the action taken in removing the unauthorised encroachment and con-struction every six months so that appropriate direction as may be required , may be given by the High Court .
2 . The special leave petition is accordingly disposed of .
1 . Considering the facts and circumstances of the case and hearing Mr Harish N. Salve , the learned Senior Counsel appearing for the Palam Vihar Residents Association and Dr Singhvi , the learned Additional Solicitor General appearing for the State of Haryana , it appears to us that the area in question being highly developed and quite close to the National Capital of Delhi , special care is required to be taken to ensure that unauthorised encroachment and unauthorised constructions are not made in the area . In our view , it will be only appropriate if the Government of Haryana forms a Monitoring Cell with a Gazetted Officer from the Government of Haryana Police Service , a Gazetted Officer from the Haryana Civil Service and also a Gazetted Officer from the Office of District Town Planner Enforcement , Gurgaon . We direct accordingly . Such cell will ensure against unauthorised construc-tion and unauthorised encroachment of the area in question and will monitor each complaint of unauthorised construction and encroachment and progress of pending cases in connection with encroachment and construction and will take appropriate steps required to be taken for the purpose of removing such unauthor-ised construction and unauthorised encroachment . It also appears to us that it will be only appropriate if Hon’ble the Chief Justice of Punjab & Haryana High Court constitutes a Special Bench of the said High Court where the Monitoring Cell will report back to such Bench the developments in the matter and the action taken in removing the unauthorised encroachment and con-struction every six months so that appropriate direction as may be required , may be given by the High Court .
2 . The special leave petition is accordingly disposed of .
