SHIV KUMAR versus UNION TERRITORY, CHANDIGARH & ORS.

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Shiv Kumar v. Union Territory, Chandigarh & Ors. - CWP-4131-2003 [2006] RD-P&H 223 (20 January 2006)

CWP No. 4131 of 2003 Page numbers

In the High Court of Punjab and Haryana, Chandigarh.

CWP No. 4131 of 2003

Date of decision: 6.2.2006

Shiv Kumar

....Petitioner

Versus

Union Territory, Chandigarh and others.

....Respondents

Coram:- Hon'ble Mr.Justice J.S. Khehar.

Hon'ble Mr. Justice S.N. Aggarwal

Present: Mr. K.K. Saini, Advocate for

Mr. P.K. Kukreja, Advocate

for the petitioner.

Ms. Lisa Gill, Advocate

for the respondents.

...

J.S. Khehar, J. (Oral).

Through the impugned orders dated 16.4.2002 (Annexure P-1), 20.6.2002 (Annexure P-2) and 30.10.2002 (Annexure P-3), the allotment of plot in favour of the petitioner was cancelled on account of the alleged CWP No. 4131 of 2003 Page numbers

violations against the sanctioned building plan. On the last date of hearing, the respondents were required to seek a report from the concerned Sectional Officer so as to verify, whether or not, there are still building violations on the plot in question. Learned counsel for the respondents states, that all the building violations committed by the petitioner have since been removed.

In view of the above, we are satisfied, that the plot which was allotted to the petitioner and was resumed on account of the building violations should be restored to him since the petitioner has admittedly removed all the building violations even as per the version of the respondents. Accordingly, the impugned orders, referred to above, are hereby set aside. The petitioner is directed to move an appropriate application within one month from today for renewal of the licence to occupy the plot in question.

Writ petition stands disposed of accordingly.

( J.S. Khehar )

Judge.

(S.N. Aggarwal)

Judge.

06.02.2006

sk.

CWP No. 4131 of 2003 Page numbers

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