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2025 DAILYLAW 87474 (PNJ)

RESIDENTS WELFARE ASSOCIATION v. SURINDER KUMAR AND ANR.

COCP/3445/2013 · 2025-09-05

Alka Sarin

Contempt Petitionbody2025

Judgment text

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204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-3445-2013 (O&M) Date of Decision: 05.09.2025 RESIDENTS WELFARE ASSOCIATION .... Petitioner VERSUS SURINDER SINGH AND ANR .... Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Mohan Singh Rana, Advocate for the petitioner. Mr. Arvind Seth, Advocate for the respondents. ALKA SARIN, J. (ORAL) CM-9829-CII-2023 1. This is an application for restoration of the main petition which was dismissed for non-prosecution on 19.05.2023. 2. For the reasons stated in the application, the same is allowed and the main contempt petition is restored to its original number and status. With the consent of the learned counsel for the parties, the main petition is taken on Board today itself. COCP-3445-2013 3. The present contempt petition has been filed alleging wilful and deliberate disobedience of the order dated 13.09.2012 passed by this Court in CWP-10999-2012, which reads as under : AMAN JAIN 2025.09.06 14:04 I attest to the accuracy and integrity of this order/judgment COCP-3445-2013 (O&M) -2- ‘By filing this writ petition, the petitioner has prayed for issuance of directions to the official respondents to remove the encroachment made by respondent No.6. A further prayer has been made to direct the official respondents to construct a shopping center on the plot under possession of respondent No.6 to serve the residents of Sector-17, Gurgaon. Taking note of the above, we dispose of this writ petition by directed respondent No.5 to verify the averments made by the petitioner and if any encroachment has been made by respondent No.6 over the plot in question, which is allegedly earmarked for the shopping center, the same be removed forthwith and it be put to use for which it is earmarked in the development plan’. 4. Various status reports have been filed the latest being status report dated 18.01.2025 wherein it has been stated as under : ‘That as per report obtained from Sub-Divisional Engineer (Survey) of this Office, this land has been planned for construction of shopping center in Sector-18, Gurugram. At present the site is vacant and no encroachment at site, however, some trees exist at site. Site plan is annexed herewith as Annexure R-1 and site photographs is annexed herewith as Annexure R-2’. AMAN JAIN 2025.09.06 14:04 I attest to the accuracy and integrity of this order/judgment COCP-3445-2013 (O&M) -3- 5. In view of the status report, no further orders are required to be passed in the present contempt petition and the same is disposed off as such. Rule stands discharged. Pending applications, if any, also stand disposed off. 05.09.2025 (ALKA SARIN) Aman Jain JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.09.06 14:04 I attest to the accuracy and integrity of this order/judgment