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SAHID FOUNDATION versus UNION OF INDIA & ORS

High Court of Punjab and Haryana, Chandigarh

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Sahid Foundation v. Union of India & Ors - CWP-11349-2006 [2006] RD-P&H 4910 (27 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP NO.11349 of 2006

DATE OF DECISION: July 27, 2006

Sahid Foundation

....Petitioner

VERSUS

Union of India and others

.....Respondents

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.

Viney Mittal,J.(Oral).

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.

(Viney Mittal)

Judge

July 27, 2006 (A.N. Jindal)

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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