- (1.) This writ petition has been filed in public interest stating that despite representations made, the respondents Nos. 2 and 3 are not taking any action to remove encroachments in the area of 'Fort' situated within Panipat city. The land underneath the encroachments is 'Nazul' land.
(2.) Upon notice, reply has been filed in Court today, which is taken on record. In paragraph Nos. 3 to 7 of the said reply the following averments have been made:- "3. That after coming into existence of the Corporation in March 2010, the deponent has removed the following encroachment detail is given below:- i. Anandpur Satsang Ashram, area of 1055 Sq. yards and Board of M. C. Property has been erected on that area. ii. After removal of temporary encroachment M. C. Panipat is now constructing Community Centre in the area of 282.5 sq. yards at Quilla Land. " 4. That on coming into the notice of the deponent; sanction of the following map/ site plans have been withdrawn on 9/3/2012:- 1. Anita w/o Rajeshwar Kumar Area 165.5 sq. yards 2. Mangat Ali s/o Wazid Ali Area 433.95 sq. yards 5. That it is wrong and denied that no action was taken on representations, which are annexure P-4 & P-11. In fact, just after issuing the said representations the deponent issued notice under Haryana Municipal Corporation Act for removal and stopping of construction to the Aggarwal Youth Club, who filed Civil Suit before the Civil Judge (Senior Division) Panipat and ordered that both the parties to maintain status-quo on that property. Now some inhabitant has filed application u/o 1 rule 10 CPC for impleading them as party in the suit, which was adjourned by the Court of Sh. Anmol Nayar Ld. C. J. (J. D. ) Panipat for 27/07/2012 for reply to the application. 6. That inspite of the above said facts, it is also pertinent to mention here that about 240 cases of ejectment are pending sine-die before the then A. C. Ist Grade as per the provision of Public Premises Act and as now after formation of Municipal Corporation, the power of ejectment vests in Joint Commissioner as per provision of Section 408-A (1)(b) of Haryana Municipal Corporation Act, 1994 but unfortunately the post of Joint Commissioner is lying vacant in spite of the request made by deponent to the Govt. 7. That after came into the knowledge regarding the execution of illegal sale deed, the deponent has lodged an FIR No. 1094 dated 7/9/2011, u/s 406/420/468/120-B/471 IPC against Ex. Vide President Navneet Singla, Ex. Dy. Secretary Rakesh Kumar Goyal & another of Aggarwal Vaish Panchayat. The translated copy of said FIR is enclosed as annexure R-3/1/T. "
(3.) The above reproduced averments made in the affidavit of Mr. Partap Singh, Executive Officer, Municipal Corporation, Panipat indicate that the authorities are alive to the situation and are taking appropriate steps to remove the encroachments. In paragraph No. 6 of the reply, it is stated that 240 cases filed for ejectment of the unauthorized occupants under the Public Premises Act are pending and the proceedings in those cases stand adjourned sine die for want of appointment of the competent authority, which, as per provisions of Section 408-A of Haryana Municipal Corporation Act, 1994, is the Joint Commissioner, who has not since been appointed.;