Punjab-Haryana High Court
Kesar Singh And Anr vs State Of Punjab And Ors on 6 August, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:100774-DB
IN
N THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.
No.17823 of 2024 (O&M)
Date of decision:
decision:06.08.2024
Kesar Singh and another ....Petitioners
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Dr. Anmol Rattan Sidhu, Sr. Advocate with
Mr. Mandeep Singla,
Singla Advocate
for the petitioners.
petitioner
Mr. Shekhar Verma, Addl.AG., Punjab.
***
VIKRAM AGGARWAL,
AGGARWAL J.
1. The petitioners assail the notices dated 01.04.2024 and
22.07.2024 (Annexures P-6
P and P-8)
8) issued by respondent no.3
no.3, vide which
the buildings in which Paying-Guest
Paying Guest (for short 'PG') accommodations are
being run have been ordered to be demolished. The case of the petitioners is
that the properties in question situated at village Balongi, District SAS
Nagar Mohali (fully described in the writ petition) are in
in-fact
owned/possessed by the petitioners and in the garb of the aforesaid orders
which have not been passed against the petitioners, the respondents are
seeking to demolish the said properties.
2. On 30.07.2024, learned
learned counsel representing the State of
Punjab had prayed for a short accommodation to seek instructions and
furnish a specific affidavit as regards the concerns/grievances of the
petitioners.
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Neutral Citation No:=2024:PHHC:100774-DB
3. Today, affidavit of the Additional Chief Administrator, Grea
Greater
Mohali Area Development Authority (GMADA) has been filed in the Court.
The same is taken on record. It has been averred that on account of the
unauthorized construction, show cause notice under Section 87 of the Punjab
Regional and Town Planning Development
Development Act, 1995 (for short 'the 1995
Act') and Section 12 of the Punjab New Capital Periphery Control Act, 1952
was issued (Annexure R-1).
R However, no reply was filed
filed. With regard to
petitioner no.2 also,, show cause notice dated 31.01.2023 (Annexure R
R-2)
was issued,
ssued, but no reply was filed nor did the petitioner appear before the
respondents. Accordingly, demolition order dated 25.07.2023 qua the
construction raised by petitioner no.1 and dated 24.07.2023 qua the
construction raised by petitioner no.2 were passed (Annexures R
R-3 and R-4).
4. Reference has also been made to the Contempt Petition bearing
COCP No. 2042 of 2024, titled as Balkar Singh Vs. Ajoy Kumar Sinha and
others which is stated to be pending.
5. At the outset, learned counsel representing the respondents
submits that against the impugned notices, appeal as envisaged under
Section 87 (3)(b) of the 1995 Act is maintainable and further, under Sub
Section 87 (4) (a) of the 1995 Act,, a notice issued under Section 87 of the
1995 Act shall be of no effect pending the final disposal of the appeal.
Learned counsel has also relied upon judgment/order dated 04.04.2024
passed by this Court in CWP No. 7596 of 2024, titled as Devinder Singh
Babla Vs. State of Punjab and others and has submitted that the facts of the
present case are also similar.
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Neutral Citation No:=2024:PHHC:100774-DB
6. Faced with the aforesaid position, learned Senior counsel
representing the petitioners submits that he be permitted to withdraw the
petition to enable the petitioners to avail the remedy of appeal in terms of
Section 87 (3) (b) of the 1995 Act. He submits that the matter being time
sensitive, the requisite appeal shall be filed within a period of two days from
today. He, however, expresses an apprehension that the petitioners may be
non-suited
suited on account of delay
delay in filing the appeal.
7. To this, learned counsel representing the State of Punjab
submits that no limitation
limitation is provided for filing appeal under the relevant
provision. He further, fairly submits that in the event, any such appeal is
preferred within
n a period of two days, the same shall be taken cognizance of
and the Competent
ompetent Authority
uthority shall examine the matter in the right earnest
and decide the appeal, in accordance with law. He also submits that if the
appeal is preferred within the next two days, no coercive action till the filing
of the appeal shall be taken.
8. Learned Senior
enior counsel representing the petitioners fairly
submits that the requisite appeal shall be filed within a period of two days
from today.
Accordingly, the petition is dispose
disposed of in terms of the
statements made by learned counsel for the parties.
(ARUN
ARUN PALLI) (VIKRAM AGGARWAL)
JUDGE JUDGE
August 06, 2024
Rekha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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