PUNJAB & HARYANA HIGH COURT
PRITHVI RAJ YADAV
V.
PUNJAB AND HARYANA HIGH COURT ADMINISTRATION AND OTHERS
CWP-PIL-16-2023
CORAM: HON’BLE MR. G.S. SANDHAWALIA; HON’BLE MRS. HARPREET KAUR JEEWAN
prithviFACT:
The main complaint raised by the applicant-respondent No. 3 is that due to the order dated 27.02.2023, the Administration has directed the demolition of illegal encroachments, specifically ‘Dhabas,’ situated on Government land in front of the High Court. This demolition is scheduled to take place on 29.07.2023 and 30.07.2023, starting at 08:00 A.M. It appears that the Administration is proceeding to comply with the order without presenting the relevant facts to this Court.
COURT ANALYSIS AND DECISION:
The court held that before taking any action, the completion of pleadings should be ensured. It is not in dispute that the premises of the High Court are frequented by a significant number of people, including staff, advocates, litigants, and officials attending court proceedings. Without making alternative arrangements for these individuals and without establishing any guidelines, it would not be appropriate to disrupt the current setup. The judges firmly believed that the order passed on 27.02.2023 did not intend to remove the vendors around the High Court before presenting all the relevant facts before the court. In their considered view, the exercise of removal should only be carried out after the pleadings have been concluded. The Administration must also consider what facilities and amenities it should provide to the approximately 30,000 people who visit the premises on a working day, including addressing the issue of parking in the area. We request all parties to come up with suggestions to streamline the system comprehensively. In light of the above, it was ordered that the demolition scheduled for 29.07.2023 and 30.07.2023 at 08:00 A.M. be kept on hold until the next date of hearing.
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Written by- Srijan Garg
