Sanjay Kishan Kaul, C.J.@mdashLearned counsel has entered appearance for respondents No. 2 and 3/Municipal Corporation, Jalandhar and is permitted to place on record an affidavit of the Commissioner of Municipal Corporation, Jalandhar. The affidavit sets out the history of the settlement of Bhargo Camp. Apparently, this settlement came into being in post 1947 situation and was initially named as Bhargav Camp for the refugees in the name of the then Chief Minister Dr. Gopi Chand Bhargav. The migrants from West Pakistan were given benefit of allotment of barracks of two marlas of land and common toilet facilities per refugee family. There was paucity of space which did not make it possible for construction of bath rooms and toilets. The refugees were stated to be largely labourers and earning their livelihood by plying bullock carts, small dairies, sheep/goat keeping, pottery etc. It is these allottees who constructed bath rooms or toilets or storage rooms on the space of the streets abutting and adjoining their barracks/quarters.
2. It is stated that in pursuance of the directions of this Court from time to time removal of encroachments from public streets has taken place to ensure that there is no traffic haphazard. As far as the remaining encroachments are concerned, it is stated that though they are unauthorized, yet taking into consideration the humanitarian aspect, endeavour was resolved to be made to regularize the constructions. A Committee consisting of officials of the Municipal Corporation as well visit the area and submit its recommendations as regards regularization of encroachments based on the following parameters:--
(i) Availability of front road.
(ii) Width of the road/street proceeding to the illegal construction.
(iii) Hindrance to the traffic, if any.
(iv) Building line regular or irregular.
(v) Property situated on the street with an open end or dead end.
(vi) Conveyance deed/registration deed, if any.
(vii) Pendency of application for allotment of site/space with the DC Office, Jalandhar, if any.
(viii) Construction on Municipal Corporation toilets or space causing hindrance to approach the toilets.
(ix) Government or religious buildings, if any.
3. The Committee is stated to have conducted a physical survey and reported 525 encroachments/unauthorized constructions and that vide letter dated 19.10.2006 the government accorded its approval to the recommendations of the Committee with directions to recover a reasonable price for the land.
4. On our query, it has been stated that one of the discretionary functions of the Corporation, as envisaged u/s 45 of the Punjab Municipal Corporation Act, 1976 (hereinafter referred to as the said Act), permits welfare measures to be taken. Chapter XIII of the said Act deals with such streets which vest in the Corporation. In terms of Section 225(2) of the said Act, there can be a closure of the whole or any part of a public street with the previous sanction of the Corporation. Not only that, u/s 226 of the said Act, when such a closure is made u/s 225(2) of the said Act, the site of such street or portion thereof may be disposed of as land vested in the Corporation. Learned counsel has also drawn our attention to Section 231 which deals with defining the regular line of the streets and permits re-defining of the line of the streets with the previous sanction of the Corporation.
5. In a nut-shell, what is sought to be canvassed before us is that in view of the exigency of the situation at site, decision has been taken with the approval of the competent authorities to reduce size of the public streets, but still leaving enough streets for movement. The space which will cease to be public streets is to be regularized in favour of the allottees on payment of adequate price/compensation. There are stated to be 525 encroachments. In view of the aforesaid, we consider it appropriate to dispose of the present writ petition with the following directions:--
(i) In view of the decision taken by the competent authorities, the process of regularization of 525 encroachments on payment of price be completed within a maximum period of three months, as prayed for (naturally this will envisage that there is proper sanction of the competent authorities).
(ii) The said regularization can obviously be for 525 encroachments and, thus, the remaining encroachments, if any or unauthorized constructions made would be removed forthwith and not later than three months from today.
(iii) Since the scope of the petition was enlarged beyond Bhargo Camp, the unauthorized constructions existing in the city of Jalandhar as also encroachments would also be removed within this period of three months.
(iv) Status reports/compliance reports be filed showing compliance with a chart annexed of all the detected unauthorized constructions/encroachments taking place and the action taken in this behalf alongwith photographs of the site. The first of such report be filed at least three days prior to the next date of hearing.
List for compliance on 02.05.2014.
