JUDGEMENT
D.K.Jain, C.J. -
(1.) From the written statement filed on behalf of the Municipal
Council and the Deputy Commissioner, it transpires that the issue
with
regard to the subject open-space is still pending before the Deputy
Commissioner, Panipat. Mr. Garg, learned counsel for the Deputy
Commissioner, Panipat submits that on the letter written by the
Council to
him on 10th March, 2004, the Deputy Commissioner has sought some
information from the Council vide letter, dated 21st October, 2004, but
the
requisite information has not been furnished so far. Learned counsel
for the
Council submits that the information shall be supplied within two
weeks.
(2.) In view of the above factual scenario, we dispose of the writ
petition with a direction to the Deputy Commissioner to take a final
decision on the letter written by the Council on the basis of their
representation made by the residents in the area, as expeditiously as
practicable and in any case not later than eight weeks from today.
(3.) Further action for removal of the alleged encroachments, if any, shall be
taken by
the Council strictly in terms of the orders, to be passed by the Deputy
Commissioner. We may, however, clarify that in case the petitioner is
not satisfied with the decision, to be taken by the Deputy Commissioner,
it will be open to her to avail of an appropriate remedy, as may be
available, in accordance with law.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.