High Court of Punjab and Haryana, Chandigarh
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Jawahar Lal Arora & Ors v. State of Haryana & Ors - CWP-11120-2006  RD-P&H 4900 (27 July 2006)
CWP NO.11120 of 2006
DATE OF DECISION:July 24, 2006
Jawahar Lal Arora and others
State of Haryana and others
CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE S.S.SARON
PRESENT: Shri Ashok Aggarwal, Senior Advocate with Shri Vikram Aggarwal, Advocate for the petitioners.
The grievance of the petitioners is against apprehended action against them by the authorities whereby the premises owned by the petitioners are proposed to be sealed.
The primary grievance of the petitioners is that before the action is being taken against the petitioners, no show cause notice whatsoever has ever been issued to any of them.
Without commenting upon the various pleas raised by the petitioners in the present petition, we dispose of the present petition with a liberty to the petitioners to file a detailed and comprehensive individual representations before the District Town Planner (Enforcement), Gurgaon, respondent No.2 within a period of two weeks from the date a certified copy of this order is received.
The petitioners shall be required to give all the necessary details therein and also append all the relevant documents in support of their claim.
On receipt of the aforesaid representations, the District Town Planner (Enforcement), Gurgaon, respondent No.2 shall take a final decision thereupon within a period of four months by affording an opportunity of hearing to the petitioners and passing a detailed and speaking order.
Till the final order is passed and communicated to the petitioners by the said respondents, no action with regard to sealing/demolition of the constructions raised by the petitioners shall be taken.
However, we make it clear that liberty granted to the petitioners or directions issued to respondents No.2 shall not be construed to mean any expression of opinion in favour of the petitioners by this Court.
A copy of the order be given dasti on payment of usual charges.
July 24,2006 (S.S. Saron)
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