Taking strong note of the perennial problem of encroachments in Ludhiana, the Punjab and Haryana High Court today passed detailed directions to the Punjab government and Municipal Corporation, Ludhiana, to remove the encroachments within six months and take stern action against encroachers.A division Bench comprising of Chief Justice Tirath Singh Thakur and Justice Surya Kant today passed the judgment arising out of a suo moto notice taken by the High Court in relation with encroachments in Ludhiana.A survey was conducted by the Punjab government and Municipal Corporation, Ludhiana, after the High Court had ordered them to do so.On December 6, 2003, the MC informed that in a large number of cases, encroachments could not be removed due to restraint orders passed in about 200 cases pending in different civil courts at Ludhiana.On February 10, 2004, the state government was restrained from regularising unauthorised encroachment. Few months later, the High Court was informed about 108 cases of encroachments land measuring 400 square yards. It was further informed that more than 2,42,363.14 square yards was under unauthorised possession out of which 22 encroachments involving land measuring 1,16,817.74 square yards had been made by Government institutions, such as civil hospitals.On August 25, 2005, the government informed that 68 big encroachments had since been removed as a result of which land measuring one lakh square yards stood retrieved.Expressing deep concern over this, the court held "It does not absolve municipal authorities from keeping vigil and introducing and effective enforcement and monitoring mechanism to prevent future recurrences and tackle to this perennial problem. It is a sad state of affair that what the municipal authorities ought to have done on their own, had to be reminded by this court through suo moto. It would thus, be too presumptuous and far from ground realities to accept that no further action is required to be taken in this regard".The division Bench further observed that while, we are not inclined to continue monitoring the enforcement activities of the corporations indefinitely their persistent inaction in the past, warrants suitable directions to ensure that ongoing process of removal of encroachments is taken to its logical end.The High Court has issued directions to the Punjab government and Municipal Corporation, Ludhiana, by restraining the state government from regularizing unauthorized encroachment and constructions.Moreover, Punjab has been directed to take a conscious policy decision in accordance with law for removal of encroachments, if any, made on public lands by government hospitals, dispensaries, police stations, educational institutions not to be placed at the same pedestal as a private individual encroacher.The High Court has also directed the civil courts to expedite cases pertaining to encroachment made within areas of Municipal Corporations of Ludhiana, Bathinda and Patiala. The MCs have been directed to retrieve the land from encroachers within a period of six months. "MCs should locate encroachment prone areas and take all necessary safeguards/preventive measures against encroachments by erecting barbed wire fencing, displaying notice boards containing statutory warning. MCs should also evolve public participation. If a person notices that encroachment is not removed in connivance with the authorities, contempt of court notices be issued".
