Balwinder Singh vs State Of Punjab And Others on 10 November, 2008

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH



                      C.W.P. No. 9011 of 2007

             DATE OF DECISION: November 10, 2008



Balwinder Singh

                                                     ...Petitioner

                               Versus

State of Punjab and others

                                                   ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

            HON'BLE MR. JUSTICE JORA SINGH

Present:    Mr. Gagandeep Singh, Advocate,
            for the petitioner.

            Mr. Suvir Sehgal, Addl. AG, Punjab.
            for respondent No. 1

            Mr. L.S. Virk, Advocate,
            for Mr. R.S. Khosla, Advocate,
            for respondent Nos. 2 and 3.

1.    Whether Reporters of local papers may be
      allowed to see the judgment?

2.    To be referred to the Reporters or not?

3.    Whether the judgment should be reported in
      the Digest?

M.M. KUMAR, J.

C.W.P. No. 9011 of 2007 2

1. The petitioner has approached this Court with a prayer

for quashing order dated 24.4.207 (P-6) passed by the Secretary,

Housing and Urban Development Department, Punjab, Chandigarh,

dismissing the revision petition filed by him and upholding the

eviction order passed under Section 46(1) of the Punjab Regional and

Town Planning Development Act, 1995 (for brevity, ‘the Act’). The

principal ground for ordering eviction of the petitioner given in the

initial order of the Estate Officer, dated 30.4.2003 (P-4) is that the

petitioner had raised unauthorized construction and order resumption

was passed on 6.9.2002 alongwith the direction that 10% of the total

cost is forfeited in favour of the respondents. Thereafter, the

petitioner was issued notice under Section 46(1) of the Act on

26.2.2003 but he failed to appear and the same resulted in passing the

order of his eviction on 30.4.2003 (P-4). The appeal filed by the

petitioner also met with the same fate as was his revision.

2. In the written statement filed by the respondents it has

now been conceded that the petitioner has removed unauthorized

construction as per the report of Sub Divisional Engineer, PUDA,

dated 9.7.2007, which is after the passing of the order in the revision

petition, passed by the Secretary, Housing and Urban Development

Department, Punjab, Chandigarh (P-6).

3. In view of the above, order dated 24.4.2007, passed by

the Secretary, Housing and Urban Development Department, Punjab,

Chandigarh (P-6) in the revision petition, filed under Section 45(8) of

the Act is quashed with a direction to him to re-consider the matter
C.W.P. No. 9011 of 2007 3

afresh in view of the changed facts and circumstances. The Secretary

should also re-consider the order of resumption passed on 6.9.2002 in

accordance with law. The needful shall be done within a period of

three months from the date of receipt of a certified copy of the order.

4. The writ petition stands disposed of in the above terms.

                                              (M.M. KUMAR)
                                                 JUDGE




                                               (JORA SINGH)
November 10, 2008                                 JUDGE
Pkapoor