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SARGHI KALA KENDER(REGD.), MOHALI versus PUNJAB URBAN PLANNING & DEVELOPMENT AUTH

High Court of Punjab and Haryana, Chandigarh

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Sarghi Kala Kender(Regd.), Mohali v. Punjab Urban Planning & Development Auth - CWP-6035-2004 [2006] RD-P&H 12356 (11 December 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP NO.6035 of 2004

DATE OF DECISION: December 6, 2006

Sarghi Kala Kender(Regd.), Mohali

....Petitioner

VERSUS

Punjab Urban Planning & Development Authority and another ....

Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT: Shri Ranjivan Singh, Advocate for the petitioner.

Viney Mittal,J.(Oral).

Petitioner Sarghi Kala Kender has approached this Court through the present petition challenging the order dated September 5, 2003 passed by the Chief Administrator, PUDA, Mohali, respondent No.2, whereby the letter of intent dated February 26, 2002 (Annexure P.6) with regard to allotment of 1001.58 square yards of land issued in favour of the petitioner has been ordered to be cancelled. A copy of the aforesaid order dated September 5, 2003 has been appended as Annexure P.9 with the present petition.

After hearing the learned counsel for the petitioner at some length and taking into consideration the observations made in the order Annexure P.9, I find that the petitioner should first approach the State Government under Section 45(8) of the Punjab Regional and Town Planning and Development Act, 1985. In my considered opinion, the aforesaid remedy is available to the petitioner under the Act, inasmuch as, the order of the Chief Administrator can be re- examined by the State Government under the said provision.

In these circumstances, without going into the claim made by the petitioner in the present petition, I dispose of the present petition with a liberty to the petitioner to file a revision petition under Section 45(8) of the Act, within a period of one month from the date a certified copy of this order is received, before the State Government.

If any such revision petition is filed by the petitioner within the said period, then the said revision petition shall be entertained by the competent authority without taking any technical objection with regard to maintainability of the said petition and without rejecting the same on account of delay. The pleas raised by the petitioner shall be examined by the competent authority and appropriate decision shall be taken by passing a detailed and speaking order within a period of six months of the filing of the revision petition.

Till the matter is finally decided by the competent authority, the plot in question shall not be re-allotted to any person.

A copy of the order be given dasti on payment of usual charges.

December 6, 2006 (Viney Mittal)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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