Punjab-Haryana High Court
District Town Planner & Ors vs M/S Kadian Enterprises & Ors on 21 November, 2014
Bench: Hemant Gupta, Hari Pal Verma
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 12287 of 2014
Date of decision: 21.11.2014
District Town Planner and ors ....Petitioners
vs.
M/s Kadian Enterprises and others ....Respondents
CORAM: - HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE HARI PAL VERMA
Present: - Mr. Anil Rathee, Addl. AG, Haryana
for the petitioners.
Mr. Harkesh Manuja, Advocate
for respondents No. 1 and 2.
.....
HEMANT GUPTA, J (Oral)
Challenge in the present writ petition is to an order passed by the Tribunal constituted under Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (for short 'the Act') on 19.7.2011 (Annexure P-10), whereby the learned Tribunal held that there is no violation of the Act as the building is used for industrial purpose though some part of the building is used for running the agency of Hero Honda which is permitted to be run in the industrial zone.
At the time of motion hearing before this Court, the argument of learned counsel for the petitioners was that the respondents are using the premises for commercial purpose that is for running the agency of Hero Honda Motor Cycle and remaining part of the building for Banquet Hall though the petitioners have paid the conversion charges for industrial purposes which is @ Rs. 5 per square meter whereas the PREETI 2014.11.26 10:34 I attest to the accuracy and integrity of this document Chandigarh -2- charges for change for commercial purposes is Rs. 565 per square meter. Today, learned counsel for petitioners states that an advertisement was published by respondents in the newspaper on November 2011, i.e. after the order was passed by the Tribunal that the Banquet Hall is available for the marriage function etc. In view of the said fact, the learned counsel for the respondents states that the respondents shall pay the differential amount so as to permit the change of land use for commercial purposes. Thus the finding of the Tribunal that the purpose for which the building is being used is Industrial is not sustainable.
In view of the said fact, the order of Tribunal dated 19.7.2011 is set aside with liberty to respondents to deposit the change of land use charges within a period of two months. If the respondents pay the differential charges within a period of two months, the construction raised by the respondents shall stand regularized. Otherwise, the petitioners shall be at liberty to take consequential action against the respondents according to law.
(HEMANT GUPTA) JUDGE (HARI PAL VERMA) JUDGE 21.11.2014 preeti