Court raps Kalka-Pinjore municipal council over inaction on encroachments

The Punjab and Haryana High Court has virtually rapped the Kalka-Pinjore municipal council for its failure to act against encroachments on municipal land and issuing show-cause notices under the Public Premises Act.

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“It is a little strange to understand as to why the Kalka-Pinjore municipal council initially issued show-cause notice(s) under the Public Premises Act. It is made clear by this court that the Act is meant to protect encroachments on government land/property,” the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal asserted, while making it clear that it was the statutory duty of local bodies to ensure encroachment-free public land and properties.

The bench also took note of the fact that Panchkula Municipal Corporation had also issued notices under the provisions of the Haryana Municipal Corporation Act in June 2019. But “even after expiry of more than five years, no effort has been made to evict the encroachers,” the court added.

The bench was hearing a public interest petition on encroachments on land belonging to the Kalka-Pinjore municipal council. The petition filed by Narain Saroop Sharma through counsel Amarbir Singh Salar alleged neither the municipal authorities nor the state functionaries acted to remove the encroachments.

The bench observed that Panchkula Municipal Commissioner, in a status report filed on July 3, 2019, did not deny the encroachments. “Instead it is revealed that certain show-cause notices under Section 408-A(1) of the Haryana Municipal Corporation Act, 1994, had been issued, which for reasons best known to the Panchkula MC, could not reach their logical end. As a result, the encroachment continues to exist,” the bench added.

The court added no one appeared despite service of notice to the Kalka-Pinjore municipal council. Disposing of the petition, the bench issued a series of clear and binding directions, including the demarcation of encroached area.

If the encroached area had not already been demarcated, the authorities must conduct demarcation within 30 days by following the due process of law, the bench asserted, adding that each encroacher was required to be served with a notice of eviction by following the appropriate mode of service prescribed by law, based on the demarcation report.

“In case, no reply is filed within 15 days of service or deemed service of notice, extendable by another 15 days in exceptional cases for reasons to be recorded in writing, encroachments be physically removed, if necessary, by applying reasonable and permissible force,” the bench added.

The court added the authorities were required to pass a speaking order in cases where replies to the show-cause notice were filed, communicate the same to the alleged encroacher, and allow a 30-day period for availing statutory remedies or approaching civil courts.

“If the alleged encroacher is unable to make available any restraint order from quasi-judicial or judicial forum within the said 30 days, then the respondents are directed to physically remove the encroachments,” the bench added.