High Court of Punjab and Haryana, Chandigarh
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Sahid Foundation v. Union of India & Ors - CWP-11349-2006  RD-P&H 4910 (27 July 2006)
CWP NO.11349 of 2006
DATE OF DECISION: July 27, 2006
Union of India and others
CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE A.N.JINDAL
PRESENT: Shri J.S.Verma, Senior Advocate with Ms.Meenakshi Verma, Advocate for the petitioner.
Notice of motion to the respondents No.2 to 5 only, at this stage.
On the asking of Court, Shri Ashok Jindal, Additional Advocate General, Haryana accepts notice on behalf of the said respondents.
The grievance of the petitioner foundation is that although the building raised by the petitioner has been in existence for a considerable period of time, but a communication was received by the petitioner foundation from the competent authority requiring it to give its consent for compounding of the unauthorised construction.
The said communication was duly replied by the petitioner foundation and it had consented for compounding the said construction and also agreed to pay compensation charges. The petitioner foundation now claims that in spite of the aforesaid request of the petitioner
foundation being pending consideration before the competent authority, the matter has not been decided so far. The petitioner foundation apprehends the demolition of the construction at the hands of the respondents.
Without commenting upon the various pleas raised by the petitioner foundation and we dispose of the present petition with a direction to the Director, Town and Country Planning, Haryana to take a final decision on the aforesaid grievance made by the petitioner. For this purpose, the petitioner foundation shall be required to file a detailed and comprehensive representation within a period of two weeks from the date a certified copy of this order is received, annexing all the relevant documents. On receipt of the aforesaid representation, the Director, Town and Country Planning, Haryana shall take a final decision thereupon, by passing a detailed and speaking order and after affording an opportunity of hearing to the representatives of the petitioner foundation within a period of two months thereafter.
Till the matter is finally decided by the Director, Town and Country Planning, Haryana, construction raised by the petitioner foundation shall not be demolished.
A copy of the order be given dasti on payment of usual charges.
July 27, 2006 (A.N. Jindal)
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