- (1.) This judgment will dispose of two petitions - Deepak Nanda and another V. State of Haryana and others and C.W.P. Nos. 5069 of 1975 Dewan R. S. Nanda and another V. State of Haryana and others, 6390 of 1975 as common questions of law are involved in both these petitions.
(2.) The facts stated in C.W.P. No. 5069 of 1975 in brief are that Deepak Nanda and Sandeep Nanda, petitioners, were the owners of a vacant site measuring 16-1/2' x 72' 4-1/2" abutting on S.K. Road, near Collie but, Yamunanagar (Haryana). In order to construct this plot the petitioners submitted an application on December 12, 1967, to the Municipal Committee, Yamunanagar (hereinafter called the Committee) for the sanction of the proposed building plan under Section 193 of the Punjab Municipal Act. The Executive Officer of the Committee, after verifying from the Sub-Divisional Engineer, Provincial Sub-Division, Jagadhri, and the Road Inspector, Public Works Department, Jagadhri, that there was no encroachment on the public road, sanctioned the plan on April 9, 1968. The petitioners submitted a second plan with respect to the same plot on November 11, 1968, which was also sanctioned on November 20, 1968. Thereafter, the petitioners built two shops on a part of the site in the year 1969. The petitioners are duly recorded the owners of the shops in the Municipal records and have been paying property tax regularly. In paragraph No. 4 of the petition it has been alleged that three suits filed by the uncle of the petitioners and his sons against the Administrator are pending in the Civil Court at Jagadhri and because of these suits and a complaint made by Rajpal Nanda and 40 others residents of Yamunanagar to the Chief Minister of Haryana, the Administrator, being inimically disposed of towards them, threatened to demolish the said shops on a baseless pretext of encroachment on Government land forming part of S.K. Road. Consequently, the petitioners filed this petition on August 26, 1975, for a writ of mandamus restraining the respondents from demolishing the said shops. The petition came up for hearing before the Motion Bench on the next day when notice of motion was issued for September 8, 1975, and the demolition of the shops was stayed in the meanwhile. Inspite of the stay order, some portions of the shop in the front alleged to be an encroachment on the Government the shop in the front alleged to be an encroachment on the Government land were demolished late in the evening, as a result of which the petitioners amended their petition so as to add a prayer for a pre-emptory writ of mandamus directing the respondents to reconstruct the shops and restore them in the same condition in which they were prior to the demolition. The petitioners claimed pre-emptory writ of mandamus on the allegations that the demolition had been carried out by respondent No. 2 in utter disregard and violation of the stay order after they had been personally informed of it.
(3.) In the other petition (C.W.P. No. 6390 of 1975), Dewan Rajinder Sain Nanda and Anil Kumar Nanda, constructed two shops after obtaining sanction vide Exhibits P.1 and P.3 - one on the Radour Road and the other on the Railway crossing link road. The front portions of these shops and some other shops belonging to the petitioners which were constructed prior to the establishment of the Municipal Committee, Yamunanagar, were also demolished during the night intervening August 27 and 28, 1975. This petition was, therefore, filed on October 29, 1975, for the similar reliefs, as claimed in the other petition.;