A division bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh issued these orders on a petition filed by one Harnam Singh. The petitioner submitted that he belongs to a family with limited means and since his income was not sufficient to meet the needs of the family, he encroached upon the national highway and opened a dhaba about eight to nine years ago. Saying that the dhaba did not hinder free flow of traffic, he pleaded that it should not be demolished. The petitioner maintained that action should be taken against him only if all persons running roadside dhabas faced similar action.
In its previous order, the court observed that the petitioner could not be singled out as there were other encroachments on national highways and directed respondents to ensure that all encroachments on highways, be they national, state or others, be removed.
In compliance with court orders, engineer-in-chief, HPPWD filed an affidavit in court saying that 472 cases of encroachments had been detected on the acquired width of the road. It was also submitted that encroachers could not be evicted for want of demarcation by the revenue agency. tnn