Punjab-Haryana High Court
Paramjit Singh Goraya vs State Of Punjab And Ors on 21 August, 2018
Bench: Krishna Murari, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.28112 of 2017 (O&M)
DATE OF DECISION: 21.08.2018
Paramjit Singh Goraya, Advocate
.....Petitioner
versus
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE KRISHNA MURARI, CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI, JUDGE
Present: Mr. Paramjit Singh Goraya Advocate/petitioner in
person
..
KRISHNA MURARI, CHIEF JUSTICE (Oral):
The petitioner has filed this public interest litigation making multiple prayers in respect of a plot measuring 0.44 acres situated in Sector 56, SAS Nagar.
2. Grievance is that in violation of the statutory master plan prepared under the Punjab Regional and Town Planning and Development Act, 1995, the respondents have allowed to continue the development over the disputed plot, though it was reserved for private nursery school.
3. Vide order dated 08.08.2018, we required learned Additional Advocate General appearing for the State of Punjab to seek instructions with regard to the allegations made in this petition. Today, when the matter is called out, he seeks further time for the purpose. It is also submitted that the grievance of the petitioner can be more appropriately looked into by the authorities especially by respondent No.3 and respondent No.5.
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4. Since the issue raised herein involves adjudication of disputed questions of fact which can be better gone into by a fact finding authority, we feel it appropriate to relegate the petitioner to avail his remedy by making an appropriate comprehensive representation before respondent No.3 who shall proceed to consider the same and pass appropriate speaking orders, if required, by giving an opportunity of hearing to the petitioner and all other stake-holders.
Needless to say that respondent No.3 shall proceed to take a decision as expeditiously as possible but not later than two months from the date of production of certified copy of this order.
5. Petition accordingly stands disposed of.
(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 21.08.2018 parkash NOTE:
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