Carry out demolition after notice, chance of hearing and speaking order: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, August 3

In a significant judgment liable to change the way encroachments on public land are cleared, the Punjab and Haryana High Court has made it clear that the administration first has to issue a notice and give an opportunity to the residents to remove the same. An order was required to be passed and implemented only thereafter.

Point out extent of encroachment

It is our considered opinion that until the specific notice is issued to every individual pointing out the extent of encroachment, whole-scale removal would not serve the purpose. Division Bench

A Division Bench of the High Court also made it clear that whole-scale removal would not serve the purpose, until a specific notice was issued to every individual pointing out the extent of encroachments. The direction came on a petition against the state of Punjab and other respondents for quashing impugned official notice dated July 19 issued by the Additional Chief Administrator, Bathinda Development Authority, whereby orders were issued to demolish temporary iron railings in front of houses without issuing legal notice or providing opportunity of hearing.

Appearing before the Bench of Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan, their counsel contended that the railings were installed following stray cattle and dog menace. Besides, there were almost 32 entry points to their colony, adjoining a “Basti” and several FIRs had also been registered.

A senior counsel, on the other hand, submitted on the respondents’ behalf that encroachments had been carried out by installing iron railings and hedges around the corner plots disrupting the free flow of traffic. As such, a drive was being carried out to remove the encroachments carried out by way of iron railings. Taking up the matter, the Bench asserted: “It is our considered opinion that until the specific notice is issued to every individual pointing out the extent of encroachment, whole-scale removal would not serve the purpose. It is for the respondents-authorities to take into consideration which encroachment as such is of such a nature which cannot be compounded and is disrupting the free flow of traffic.”

The Bench added the issue of security was also required be redressed by the respondents-authorities by associating the residents’ welfare association regarding erecting gates.

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