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RAVI KUMAR versus STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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Ravi Kumar v. State of Punjab - CRM-73541-M-2006 [2007] RD-P&H 1206 (5 February 2007)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

Crl. Misc. No.73541-M of 2006

Date of decision: January 31, 2007.

Ravi Kumar

...Petitioner(s)

v.

State of Punjab

...Respondent(s)

Present: Shri Vipin Mahajan, Advocate for the petitioner.

Shri B.S. Baath, Assistant Advocate General, Punjab for the respondent.

Surya Kant, J. (Oral)

Mr. Baath, Learned AAG, on instructions from SI Raghbir Singh informs that though pursuant to the order dated November 23, 2006, the petitioner has joined the investigation, however, he has not produced the original documents so far.

Learned Counsel for the petitioner undertakes that the original Agreement to Sell as well as the General Power of Attorney and/or any other document obtained by him from the previous owners of the property, namely, Dalbir Kaur and Surjit Singh, shall be handed over to the I.O.

within one week from today.

Learned Counsel for the petitioner further states that the petitioner shall give an undertaking by way of affidavit to the effect that no construction, whatsoever, shall be raised over the subject property by him or by anyone else in whose favour further power of attorney/sale deeds etc., if any, have been executed.

Subject to the compliance of the above given undertakings in relation to handing over of the original documents and/or furnishing of the affidavit within one week from today, the interim order dated November 23, 2006 is made absolute, however, subject to further condition that in the event of failure to comply with the undertakings, this petition shall be treated to have been dismissed. In addition, upon presentation of challan, the petitioner shall surrender before the trial court and furnish fresh requisite bail bonds to its satisfaction upon which he shall be admitted to regular bail.

Learned State Counsel further contends, and rightly so, that once the concession of bail is granted, the accused in such like cases tend to start constructions resulting into sudden growth of unauthorized and unregulated colonies.

In order to strengthen the hands of the authorities of the concerned department, it is clarified that in case any construction is raised over the plots/pieces of land the sale transactions of which have led to the registration of the cases under the Punjab Apartment and Property Regulation Act, 1995, the authorities may, unless expressly prohibited, demolish such constructions, at the cost of the owners, by giving 24 hours notice. They can also persuade the civil courts not to grant ad-interim injunction in such like cases as the same would militate against the larger public interest.

January 31, 2007. [ Surya Kant ]

kadyan 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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