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Punjab HC restrains transfer of land amid allegations of illegal plot carving, encroachment

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Just about a fortnight after the alleged unauthorised carving of plots on land earmarked for drainage purposes in Hoshiarpur district came under the judicial scanner, the Punjab and Haryana High Court has restrained the state and its functionaries from transferring such land pending further consideration of the matter.At the outset, the Division Bench of Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor observed: “The allegations in the PIL are that land meant for drainage purposes is being allowed to be unauthorizedly encroached upon and alienated”.The Bench added that instructions were not received for addressing the court on the issue, despite the grant of opportunity to one of the respondents. The Court then issued notice of motion to the State and other respondents, which was accepted by senior Deputy Advocate-General Salil Sabhlok on the State’s behalf, while advocate Arun Khurmi accepted notice on behalf of another respondent before seeking time to file the response in the matterFixing October 13 as the next date of hearing in the matter, the Bench asserted: “In the meanwhile, we restrain the respondents from transferring the land which is recorded as land meant for drainage purposes or is being utilized as a drain”.The matter was placed before the Bench after a petition in public interest was filed against the State and other respondents by Surjit Chawla. Advocate Satpreet Grewal Kapila appeared before the Bench on the petitioner’s behalf.“The grievance is that unauthorized carving of plots on the land earmarked for drainage purposes is being allowed in district Hoshiarpur. The State counsel may obtain instructions in this regard by the next date of hearing,” the Bench had asserted on the previous date of hearing.

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