Punjab-Haryana High Court
Yogita Upadhayay And Ors vs Union Of India And Ors on 29 April, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:058114-DB
CWP-27900-2019 -1- 2024:PHHC:058114-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-27900-2019
Date of decision: 29.04.2024
Yogita Upadhayay and others ....Petitioners
Versus
Union of India and others ....Respondents
2) CWP-9396-2021
Sada Shiv ....Petitioner
Versus
Union of India and others ....Respondents
3) CWP-6596-2021
Surender Kumar Saini ....Petitioner
Versus
Union of India and others ....Respondents
4) CWP-31175-2019
Vishva Nath Sharma and others ....Petitioners
Versus
Union of India and others ....Respondents
5) CWP-867-2020
Roshan Lal ....Petitioner
Versus
Union of India and others ....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Balwinder Sangwan, Advocate,
for the petitioners (in CWP-27900-2019).
Mr. Dinesh Maurya, Advocate,
for the petitioners (in CWP-9396 and 6596-2021).
Mr. Sandeep Singal, Advocate,
for the petitioners (in CWPs-31175-2019 and 867-2020).
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Neutral Citation No:=2024:PHHC:058114-DB
CWP-27900-2019 -2- 2024:PHHC:058114-DB
Mr. Satya Pal Jain, Additional Solicitor General of India,
Mr. Karan Kumar Jund, Senior Panel Counsel,
for the respondent-Union of India.
Mr. J.S. Chandail, Additional Standing Counsel,
for the respondent-U.T., Chandigarh.
Mr. Gaurav Mohunta, Additional Standing Counsel,
Mr. Naman Jain, Advocate,
for the respondent No.5 (in CWP-6596-2021).
Mr. B.S. Khehar, Advocate,
for respondents No.2 to 4 (in CWP-9396-2021).
****
ARUN PALLI, J. (Oral)
For, learned counsel for the parties are ad idem that the
matter in issue in this bunch of five petitions is identical, these are being
disposed of by a common order and judgment. However, the facts are
being derived from CWP No.27900-2019.
A Certiorari is prayed for, to quash the notice dated
20.06.2019 (P-1), issued under Section 12(2) of the Punjab New Capital
(Periphery) Control Act, 1952 (the Act). For the petitioners were alleged
to have constructed "Rehaishi Makaanaat Tin Shed" in agricultural land
of village Khuda Ali Sher, and thus, violated the provisions of Sections
5/6/11 of the Act.
We had heard learned counsel for the parties at length, when
during the course of hearing, they have reached a consensus: pursuant to
the impugned show causes notice(s), the petitioners had submitted their
response and the matter is now pending before the competent authority
for 12.06.2024. Thus, it would be expedient, if these petitions are
disposed of, at this stage, to enable the petitioners to appear before the
authority on the appointed date (12.06.2024), and pursue their claim.
However, as the interim orders passed by this Court continue to operate
to date, status quo, as it exists today, shall be maintained till any formal
orders, pursuant to the impugned show cause notice(s), are passed by the
authorities. Further, the petitioners shall also be at liberty to furnish any
fresh material/documents to supplement/support their claims within a
week from today. Which shall be taken into account, while passing the
final orders by the competent authority.
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Neutral Citation No:=2024:PHHC:058114-DB
CWP-27900-2019 -3- 2024:PHHC:058114-DB
In the wake of the position sketched out above and the
consensus that has been arrived at between the learned counsel for the
parties, the petitions are, accordingly, disposed of.
This Court is sanguine that the authorities shall look into the
matter in the right earnest. And a comprehensive order, citing reasons in
support thereof, shall be passed, as early as possible.
Needless to assert that this order shall not constitute an
expression of opinion on the merits of the case of either party, for, as
indicated earlier, the competent authority shall examine the grievances of
the petitioners, strictly in accordance with law.
(ARUN PALLI)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
29.04.2024
Ak Sharma
Whether speaking/reasoned Yes
Whether reportable Yes/No
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