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HC imposes Rs 2 lakh cost on 21 body builders over govt land encroachment

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The Punjab and Haryana High Court has imposed costs of Rs 2 lakh on 21 bus and truck body builders after noting that they had continued to unlawfully occupy government land for about 40 years, despite an eviction order having been upheld by the Supreme Court.The Division Bench of Justice Jasgurpreet Singh Puri and Justice Pravindra Singh Chauhan also directed the Deputy Commissioner of Fatehgarh Sahib to remove the encroachment within a week.The Bench asserted that it was of the considered view that the petitioners had attempted to abuse the process of law, inasmuch as they remained in unauthorised possession despite the eviction order having been upheld by the Supreme Court on January 15.“Instead of vacating the land from unauthorised occupation, the present writ petition has been filed for seeking allotment of another land at the prevailing market rate. At every stage, they were given an opportunity, right from the year 1991, to pay the market rate. But the petitioners deliberately did not pay the amount and, at the same time, continued in unlawful occupation of the Government land for about 40 years, of which they are still in unlawful occupation,” the Bench observed.The Court asserted that it was of the considered view that the petitioners had misused the process of law and had also perpetuated the litigation by filing the present writ petition, “which is vexatious in nature, apart from being devoid of merit”. The Bench added that the petition, as such, deserved to be dismissed with exemplary costs.“Consequently, the present writ petition is hereby dismissed with Rs 2 lakh in total as costs, which shall be paid and deposited by all the petitioners with the Punjab and Haryana High Court Bar Association Lawyers Family Welfare Fund within two months from today. The liability to pay the aforesaid costs by the petitioners shall be joint and several. After depositing the costs, the petitioners shall furnish the receipt thereof before the Registry of this Court,” the Bench observed.It directed the High Court Registry to list the matter for compliance after two months if the receipt was not furnished, “so that further course of action shall be adopted for recovery of the costs from the petitioners in accordance with law”.Before parting with the order, the Bench observed: “Considering the assurance given by Sona Thind, Deputy Commissioner, Shri Fatehgarh Sahib, who had joined the proceedings today through videoconferencing, we direct the Deputy Commissioner to remove the encroachment within the period and to file a compliance report. The compliance report shall be filed by the Deputy Commissioner, Shri Fatehgarh Sahib.”

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