Punjab-Haryana High Court
Rameshwar Dass And Ors vs State Of Punjab And Ors on 1 September, 2014
Bench: Hemant Gupta, Kuldip Singh
CWP No. 8709 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 8709 of 2009 (O&M)
Date of Decision : September 01, 2014
1. Rameshwar Dass and others ...... Petitioners
Versus
State of Punjab and others ...... Respondents
Present:- Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Arjun Partap Atma Ram, Advocate for the petitioners.
Mr. Rajinder Goyal, Addl. Advocate General, Punjab
for respondents No.1 to 3.
Mr. Rupinder S. Khosla, Senior Advocate with
Mr. Aman Sharma, Advocate for M.C., Patiala
for respondent No.4.
Mr. D.S. Patwalia, Senior Advocate with
Mr. Sehajbir Singh, Advocate
for respondent Nos.5 to 57.
Mr. Puneet Bali, Senior Advocate with
Ms. Monika Thakur, Advocate for respondent No.6.
Mr. M.L. Sarin, Senior Advocate with
Mr. Arvind Thakur, Advocate for the applicant
(in CM No.10095 of 2012 and CM Nos.6883-84 of 2014).
Mr. Sumeet Mahajan, Senior Advocate with
Mr. Amit Kohar, Advocate for the applicant/intervener.
CWP No.2875 of 2006 (O&M)
2. Shri Raj Krishan Malhotra and others ...... Petitioners
Versus
State of Punjab and others ...... Respondents
SARITA RANI
2014.09.10 12:06
I attest to the accuracy and
integrity of this document
Chandigarh
CWP No. 8709 of 2009 (O&M) -2-
Present: Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Arjun Partap Atma Ram, Advocate for the petitioners
Mr. Rajinder Goyal, Addl. Advocate General, Punjab
Mr. Rupinder S. Khosla, Senior Advocate with
Mr. Aman Sharma, Advocate for M.C., Patiala.
CWP No.18923 of 2008 (O&M)
3. P.S. Bhinder and others ...... Petitioners
Versus
State of Punjab and others ...... Respondents
Present: Mr. R.B.S. Chahal, Advocate for the petitioners.
Mr. Rajinder Goyal, Addl. Advocate General, Punjab.
Mr. Rupinder S. Khosla, Senior Advocate with
Mr. Aman Sharma, Advocate for M.C., Patiala.
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE KULDIP SINGH
HEMANT GUPTA, J. (ORAL)
This order shall dispose of CWP Nos.8709 of 2009; 2875 of 2006 and 18923 of 2008 as common questions of law and facts are raised therein. For brevity, the facts are being taken from CWP No.8709 of 2009.
The petitioners, resident of New Lal Bagh Colony, Patiala, have invoked the jurisdiction of this Court claiming a writ in the nature of certiorari to seek quashing the resolution dated 20.11.2007 (Annexure P-6); resolution dated 15.04.2008 (Annexure P-7) and approval of the State Government vide order dated 16.10.2008 (Annexure P-9). The action is said SARITA RANI 2014.09.10 12:06 I attest to the accuracy and integrity of this document Chandigarh CWP No. 8709 of 2009 (O&M) -3- to be in contravention of the Master Plan of Patiala City (Annexure P-11). The petitioners have also prayed for a writ in the nature of mandamus directing the Corporation not to permit commercial activities in the buildings in the residential area of the New Lal Bagh Colony, Patiala.
The State Government approved the commercial activity from Y.P.S. School to Thikriwala Chowk vide approval dated 16.10.2008 (Annexure P-9) in pursuance of the resolutions passed by the Municipal Corporation. During the pendency of the present writ petitions, numerous orders have been passed. An order was passed on 20.07.2012 directing the Deputy Commissioner, Patiala, Senior Superintendent of Police, Patiala and the Commissioner, Municipal Corporation, Patiala to seal all those premises which are being run without getting the building plans sanctioned for commercial activities. The said order was modified on 14.08.2012 to permit the Commissioner, Municipal Corporation, Patiala and the Chief Administrator, Patiala Development Authority to apply for exemption from sealing certain premises, as identified by them so as to avoid inconvenience of the residents of the locality. In case of hospitals/nursing homes being run in the residential areas, the indoor patients already admitted were allowed to take and continue with the treatment subject to an undertaking by way of an affidavit by the doctor/proprietor of each hospital/nursing home to the Commissioner, Municipal Corporation, Patiala that no further patient shall be admitted. These nursing homes/hospitals, however, permitted to continue with their OPDs in terms of the order dated 20.07.2012. Subsequently, the status reports in respect of publication of the revised Master Plan was called for.
SARITA RANI 2014.09.10 12:06 I attest to the accuracy and integrity of this document Chandigarh CWP No. 8709 of 2009 (O&M) -4-
Today, Mr. Rupinder Khosla, Senior Advocate has filed an affidavit of Shri Naresh Kumar, Assistant Town Planner, Municipal Corporation, Patiala to the effect that the notices of expression of interest were published in the newspaper to prepare a survey and layout plans for preparation of 'Town Planning Schemes'. It is also pointed out that a retired Chief Town Planner (Punjab) whose services have been engaged, has sought eight months' time to complete the work in comprehensive manner.
Since the preparation of Town Planning Schemes is likely to take considerable time, which is required to be finalized after giving the opportunity to the residents to file objections etc., we deem it appropriate to dispose of the present writ petitions with a direction to the Municipal Corporation, Patiala to finalize Town Planning Schemes of the Patiala city as mentioned in para 4 of the report filed today within eight months and also direct the State Government to finalize the 'Town Planning Schemes' on or before 30.08.2015, in accordance with law. However, the Municipal Corporation, Patiala shall not permit any fresh use of commercial activities in the residential premises till the Schemes are finalized.
(HEMANT GUPTA) JUDGE (KULDIP SINGH) JUDGE September 01, 2014 sarita SARITA RANI 2014.09.10 12:06 I attest to the accuracy and integrity of this document Chandigarh