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High Court of Punjab and Haryana · body

2026 DAILYLAW 29653 (PNJ)

MS TDI INFRASTRUCTURE LIMITED v. STATE OF HARYANA AND OTHERS

CWP/20778/2026 · 2026-07-13

Subhas Mehla, Vikas Bahl

body2026

Judgment text

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CWP No.20778 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 122 CWP No.20778 of 2026 Date of decision: July 13th, 2026 M/s TDI Infrastructure Limited .....Petitioner Versus State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. S.S. Saron and Mr. D.S. Garcha, Advocates for the petitioner. Mr. Deepak Bhardwaj, Additional Advocate General, Haryana. VIKAS BAHL, J. (ORAL) 1. In the present writ petition, following prayers have been made: “In view of the facts and circumstances outlined hereinabove, it is humbly prayed that this Hon'ble Court may be pleased to issue: a. A writ, order, or direction in the nature of MANDAMUS, or any other appropriate writ, order, or direction directing Respondent Nos. 1 to 4 to forthwith seal the unauthorised /illegal constructions on the Subject Lands shown in the appended plans (Annexure P-13) owned and possessed by Respondent Nos. 1 and 2 in Village Kundli, District Sonipat situated along an internal road known as the '’Club Road’ in the residential Township developed by the Petitioner. b. A writ, order, or direction in the nature of MANDAMUS, or any other appropriate writ, order, or direction directing Respondent Nos. 1 to 4 to initiate demolition proceedings in respect of all unauthorized occupants and legal PUNEET SACHDEVA 2026.07.15 10:09 I attest to the accuracy and authenticity of this document Chandigarh CWP No.20778 of 2026 -2- constructions on the Subject Lands under Section 18(1) (b) the Haryana Shahri Vikas Predhikaran Act 1977 and complete such proceedings within a time-bound schedule fixed by this Hon'ble Court. c. A writ, order, or direction in the nature of MANDAMUS, or any other appropriate writ, order, or direction directing the Respondents to immediately take steps to stop any further unauthorised/illegal constructions on the Subject Lands. d. A writ, order, or direction in the nature of MANDAMUS, or any other appropriate writ, order, or direction directing Respondent No. 5 to forthwith assist Respondent Nos. 1 to 4 in enforcing the removal of unauthorised occupants and demolition of illegal constructions on the Subject Lands. e. A writ, order, or direction in the nature of MANDAMUS, or any other appropriate writ, order, or direction directing the Respondents to place adequate preventive measures against re-encroachment in the Subject Lands including but not limited to periodic site inspections and immediate action upon any fresh encroachment. f. Any further order(s) or direction() as this Hon'ble Court may deem fit in the circumstances of the case.” 2. Learned counsel for the petitioner has submitted that there are illegal encroachments on the land in question which have been detailed in the present petition and regarding which an earlier representation dated 29.10.2025 had been made. It is submitted that under Section 18 of the Haryana Shehri Vikas Pradhikaran Act, 1977, the HSVP, through its officers, has the power to evict persons from the land of HSVP or building PUNEET SACHDEVA 2026.07.15 10:09 I attest to the accuracy and authenticity of this document Chandigarh CWP No.20778 of 2026 -3- constructed thereon including the persons, who are in unauthorized occupation. It is submitted that in spite of representation dated 29.10.2025 specifically mentioning the instances of unauthorized occupation, no action has been taken against the said persons. It is further submitted that there are other instances also indicating the abovsaid, the details of which have been given in the writ petition. It is submitted that the petitioner would give a comprehensive representation to respondent No.4, who, as per the stand of the State, is the person exercising the powers of Collector as mentioned in Section 18 of the HSVP Act, giving the details of the persons who are in unauthorized occupation along with documentary proof. It is submitted that the said representation be considered and action be taken in accordance with law. 3. Learned State counsel has submitted that in case any such representation is filed, respondent No.4 would consider the same in accordance with law and in case there is prima facie material to proceed against any of the occupants, then appropriate action will be taken in accordance with law after giving opportunity of hearing to the said persons. It is further submitted that, in case, there is any interim order in favour of any of the said persons or their occupation is found to be authorized, then the same would be recorded in the speaking order. 4. Keeping in view the abovesaid facts and circumstances, the present petition is disposed of with the following directions: (i) It would be open to the petitioner to give a detailed representation giving the details of the persons who are stated PUNEET SACHDEVA 2026.07.15 10:09 I attest to the accuracy and authenticity of this document Chandigarh CWP No.20778 of 2026 -4- to be in unauthorized occupation of the land along with documentary proof to respondent No.4, who is the person stated to be exercising the powers under Section 18 of the HSVP Act, 1977. (ii) In case any such representation is given, the respondent No.4 would consider the said representation as expeditiously as possible preferably within a period of two months from the date the said representation is given and in case respondent No.4 is of the opinion that there is prima facie material to proceed against any of the person mentioned in the representation, then the proceedings as per Section 18 of the HSVP Act, 1977 would be initiated against them which would be culminated after giving due opportunity of hearing in accordance with law. (VIKAS BAHL) JUDGE July 13th, 2026 (SUBHAS MEHLA) Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No PUNEET SACHDEVA 2026.07.15 10:09 I attest to the accuracy and authenticity of this document Chandigarh