Surya Kant, J. - (1.) Aggrieved at his removal as a Councillor of the Municipal Corporation, Ludhiana, one Satpal Puri filed CWP No.15572 of 2001 which was dismissed by a Division Bench of this Court on 29.5.2002. The said Satpal Puri filed SLP (Civil) No.22649 of 2002 in the Supreme Court. While dismissing the SLP, their Lordships directed that "the Bench which passed the impugned order shall, after examining the record of the case, register a suo moto public interest case, issue notice initially to the Municipal Corporation and the State Govt. to appear, also directing them to carry out a survey so as to find out how much public property has been encroached upon and how many constructions have come up which would have the effect of defeating the Town Improvement Scheme."
(2.) This is how these suo moto proceedings came to be initiated by this Court in public interest, calling upon the State of Punjab and the Municipal Corporation of Ludhiana to undertake "a comprehensive survey of the entire municipal area of Ludhiana to identify unauthorized encroachments/ construction on govt. lands and municipal lands as also constructions made in violation of the sanctioned plan or without obtaining the sanctioned plan .
(3.) On 6.12.2003, it was informed on behalf of the Municipal Corporation that in a large number of cases encroachments could not be removed due to the restraint orders passed in about 200 cases pending in different civil courts at Ludhiana. Taking notice thereof and in order to ensure that the process of the court is not abused or misused by those who have made encroachments on public and municipal lands, this Court directed the Municipal Corporation, Ludhiana to apply for vacation of injunction orders in all the pending cases. A further direction was issued to the District & Sessions Judge, Ludhiana to ensure that applications for vacation of injunction orders are heard and decided by the concerned courts within a period of six weeks.;