IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.17263 of 2009
Date of decision: 16th November, 2009
Vikramjit Singh
... Petitioner
Versus
Union Territory, Chandigarh and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Ashok Aggarwal, Sr. Advocate with
Mr. Rohit Kapoor, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Issue notice of motion.
On the asking of Court, Mr.Anupam Gupta, Senior Standing
Counsel for Union Territory, Chandigarh accepts notice on behalf of the
respondents. Copy of the petition has been handed over to him.
In the present case, one of the grievance of the petitioner is
that he has been served with enforcement notice (Annexure P-1) and has
been called upon to remove the advertisement/sky signs within ten days.
In the present case, inter alia, it has been urged that instead of
giving enforcement notice, at the first instance, petitioner should have been
served show cause notice, so that he was able to justify to the authorities
that advertisement displayed by the petitioner is in consonance with the
Chandigarh Administration Control Order, 1954.
Mr. Anupam Gupta states that Chandigarh Administration
always adhere to the principles of natural justice and grant an opportunity to
any erring person to put forth his objections.
Civil Writ Petition No. 17263 of 2009 2
In the present case, impugned orders have been passed by
Assistant Commissioner, Municipal Corporation, exercising the powers of
Chief Administrator, Union Territory, Chandigarh. Therefore, at this
moment, service upon Municipal Corporation, Chandigarh may not be
necessary. Enforcement notice (Annexure P-1) shall be converted as show
cause notice and within one week, petitioner shall file his objections and
show cause as to why the advertisement/sky signs displayed by him cannot
be removed. Once the petitioner does the needful, within next seven days
final order shall be passed by the authorities. Till the final decision is taken
by the authorities, status quo, as it exists today, shall be maintained.
With these observations, present petition is disposed of.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
November 16, 2009
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