Punjab-Haryana High Court
Balbir Singh And Anr vs State Of Punjab And Others on 9 August, 2024
Bench: G.S. Sandhawalia, Meenakshi I. Mehta
Neutral Citation No:=2024:PHHC:103170-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(105) LPA-1877-2024 (O&M)
Decided on : 09.08.2024
Balbir Singh & another ......Appellant(s)
Versus
State of Punjab & others ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
HON'BLE MRS.JUSTICE MEENAKSHI I. MEHTA
Present: Mr.Shubham Bhardwaj, Advocate
Mr.Varda, Advocate for the appellant (s).
Ms.Arundhati Kulshreshtha, AAG, Punjab.
G.S. Sandhawalia, J.(Oral)
CM-4443 & 4444-LPA-2024
1. Exemption applications are allowed, as prayed for.
2. CMs stand disposed of.
LPA-1877-2024
3. Consideration in the present appeal is to the judgment dated
25.07.2024 passed in CWP-17257-2024 by the Learned Single Judge wherein
challenge had been raised to the construction of petrol pump which is
proposed to be set up by respondent No.5 in whose favour, letter of intent has
been issued in the Reserved Category (SC/ST) for setting up a petrol pump at
Village Bangan, Tehsil Moonak, District Sangrur.
4. The sole contention which has been raised is that there is an
objection by the Sub-Divisional Engineer that the petrol pump is situated at the
intersection of the Mandi Board link road which is situated in front of the site
of petrol pump which was highlighted in the letter dated 09.04.2024
(Annexure P-2). It is in such circumstances, the petitioner had approached the
Learned Single Judge when his petition was dismissed in limine.
5. It is to be noticed that nowhere the petitioner has approached the
competent authority for the redressal of his grievances. The superior officer,
Executive Engineer, Provincial Division, B&M Branch, Sangrur has issued
the NOC putting various conditions and forwarded to the District Magistrate
and also included the objections which the SDE had raised on 09.04.2024
(Annexure P-2).
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Neutral Citation No:=2024:PHHC:103170-DB
(105) LPA-1877-2024 (O&M) -2-
6. We have also perused the letter written by the District Town
Planner dated 10.04.2024 (wrongly mentioned as 10.05.2015) (Annexure P-6)
wherein also there is a reference to the site on the Patran-Moonak road
towards Moonak at a distance of about 860 meters from the link road to village
Bangan on the left hand side. Apparently, the final NOC has not been issued
by the District Magistrate. Though we have perused the site-plan but the same
does not show the location as such and whether the contention raised by the
petitioners regarding the location of the petrol pump is correct as per the site-
plan (Annexure P-7). The Letter Of Intent goes on to show that 35 meters
(frontage) x 35 meters (depth) and area 1225 sq.meters has been offered by the
respondents falling in Khasra No.31//23, 56//2/2, 56//3, Khewat No.90/73,
Khatauni No.130 at Village Bangan, Tehsil Moonak, District Sangrur.
7. From the site-plan, prima facie, it is not apparent that the petrol
pump would be in front of the link road which is the contention. However,
since the objection has already been placed before the Deputy Commissioner
by the Executive Engineer, we are sanguine that the District Magistrate will
take all these aspects into consideration while taking the final call on the
application. It is in such circumstances, we do not wish to interfere in the
order passed by the Learned Single Judge, at this stage, since final NOC has
not been issued by the competent authority for setting up of the petrol pump.
8. Resultantly, the present appeal is disposed of with liberty to the
appellants to make appropriate representation before the concerned authority
for redressal of their grievances, if any. If any substance is found in the
grievance, the District Magistrate will hear the private-respondents before
passing any order.
(G.S. SANDHAWALIA)
JUDGE
(MEENAKSHI I. MEHTA)
09.08.2024 JUDGE
Sailesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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