- (1.) In all aforementioned 17 writ petitions basically one issue arises, whether the property which is in occupation of the writ petitioners is a part of Government property bearing Khasra No. 137 gair mumkin road and the petitioner(s) have encroached upon the road and road margins and have rightly been ordered to be evicted from the same under the provisions of Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as the "PP Act"). The beauty of a public road known as "Ambala-Jagadhri Road" which passes through an area now known as "Mahesh Nagar Jagadhri Road, Ambala Cantt." and other parts of the Ambala Cantt. has been marred due to encroachment by different persons. Encroachment has been a cause of several troubles for commuters of the road and road sidewalks. The encroachments are of permanent, semi-permanent or temporary nature which adversely affects the free flow of traffic. The litigation with regard to encroachment on the public road has a long history. There has been earlier proceedings before this Court when some persons had approached this Court. It was alleged that the road in question is a very busy road which passes through the city of Ambala. The encroachment around the road is causing serious or fatal accident to pedestrians, cyclists, persons travelling of vehicles. It is alleged that the major part of the road remains occupied and blocked by way of permanent, semi-permanent and temporary encroachments. The major part of the road has been encroached upon by the persons who have made construction in the shape of various shops and commercial buildings. But no action is being taken by the Government and the municipal authorities. Consequently in Civil Writ Petition No.9055 of 1996, direction was issued to the State Government to take action against the persons who have unauthorizedly encroached upon the road which has become a traffic hazard resulting into traffic jams and fights. The Mahesh Nagar area is bustling with several markets and shops. Both sides are occupied/encroached upon unauthorizedly.
(2.) The above mentioned 17 Civil Writ Petitions i.e. CWP Nos. 20399, 20560 of 2009, 8 to 20, 216 and 223 of 2010 are being disposed of by this common judgment as the subject matter of all the aforementioned writ petitions is same. Learned counsel for the petitioner has referred to the facts from CWP No. 20399 of 2009. Therefore, for the sake of convenience, facts are taken from this petition.
(3.) In the present writ petition, petitioner has impugned order dated 08.01.2009 (Annexure P/23) passed by respondent no.3 Collector, Ambala, under the provisions of PP Act, whereby the petitioner has been ordered to be evicted from the land which is part of khasra no. 137 gair mumkin road, and order dated 29.07.2009 (Annexure P/24) passed by respondent no.2 Commissioner, Ambala Division, Ambala, whereby appeal preferred by the petitioner has been dismissed.;