Punjab-Haryana High Court
Giani Kartar Singh vs State Of Punjab And Others on 11 May, 2011
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Civil Writ Petition No.15962 of 2007 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15962 of 2007 Date of decision: 11.5.2011 Giani Kartar Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE.
HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Gaurav Singla, Advocate for the petitioner Mr. Rupinder Khosla, Addl. Advocate General, Punjab for respondents No.1 and 2.
Mr. I.S.Panesar, Advocate for respondents No.3to 5 and 7.
None for respondent no.6.
ADARSH KUMAR GOEL, ACJ.
This petition seeks a direction against raising of construction in a park.
Case set out in the petition is that in the colony various amenities have provided including open space but illegal construction has been started on the said open space and no action was being taken to stop the said construction.
Notice was issued and replies have been filed. In the reply filed on behalf of the Additional Chief Area Development Authority, Mohali the stand taken is that the while colony is illegal and demolition of the construction of the Gurudwara had been ordered. Further affidavit has been filed by Sh. Raj Balwinder Singh, Deputy Superintendent of Police, Kharar to the effect that an FIR had been registered against the coloniser. Civil Writ Petition No.15962 of 2007 -2-
**** We have heard learned counsel for the parties. In view of the fact that the State has taken the stand that construction is not being allowed and criminal case has also been registered, we are of the view that no further order is called for. However, it is made clear that any further construction may be allowed only after appropriate sanction has been granted by the concerned authorities. The State will also be at liberty to take steps to remove any construction which may be found illegal.
The writ petition is disposed of.
(Adarsh Kumar Goel)
Acting Chief Justice
May 11, 2011 (Ajay Kumar Mittal)
Pka Judge