Punjab-Haryana High Court
Smt. Amarjit Kaur Somal And Others vs The Chief Administrator And Others on 6 September, 2011
Bench: Jasbir Singh, Augustine George Masih
C.M. No. 7911 of 2011 and -1
CIVIL WRIT PETITION NO. 8171 OF 2003
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
DATE OF DECISION: September 6 , 2011.
Parties Name
Smt. Amarjit Kaur Somal and others
...PETITIONERS
VERSUS
The Chief Administrator and others
...RESPONDENTS
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Augustine George Masih
PRESENT: Mr. Anand Chhibber,
Advocate, for the petitioners
Mr. Sanjay Kaushal, Advocate, for the respondents.
Jasbir Singh, J. (oral)
JUDGMENT
Petitioners' building was resumed vide order dated February 5, 2003, for building violations. On September 5, 2011, following order was passed by this Court:
"Sh. Kaushal has put on record an Inspection Report, in which it is stated that most of the violations committed by the petitioners are sanctionable. It is further stated that let the C.M. No. 7911 of 2011 and -2 CIVIL WRIT PETITION NO. 8171 OF 2003 petitioners file a revised building plan so that necessary action can be taken.
Counsel for the petitioners states that any violation, which is not sanctionable, will be demolished and rectified. Counsel for the petitioners is directed to file an undertaking that in future, the petitioners shall not commit any building violation and if committed, the order of resumption, now under challenge, shall automatically be revived. To do the needful, adjourned to 06.09.2011."
In response thereto, an affidavit of Smt. Amarjit Kaur Somal has been placed on record. Contents of the affidavit read thus:
"1. That the deponent has filed the present Writ Petition for quashing the resumption order and further proceeding dated 03.07.1997 and resumption proceedings dated 05.02.2003.
2. That the deponent further declares that the deponent has already removed the violations that were pointed out by the Estate Officer, UT, Chandigarh.
3. That the deponent is ready to pay the compounding fee for the violations which are compoundable as per Rules framed by the Chandigarh Administration.
4. That the deponent undertakes that deponent will not make any changes in the building without prior permission of the Estate Officer, UT, Chandigarh and the Deponent will submit the revised plan to the Chandigarh Administration for the same.
C.M. No. 7911 of 2011 and -3 CIVIL WRIT PETITION NO. 8171 OF 2003
5. That the deponent further declares that in case of any future violation is found by the Chandigarh Administration, the resumption order may be revived."
Counsel for the parties are in agreement that in view of undertaking now filed, the writ petition can be disposed of. The petitioner shall submit a revised building plan as per norms within a fort-night and the authorities shall approve the same as per norms after charging the compounding fee, if any. In view of above, the order of resumption dated February 5, 2003, shall be deemed to have been recalled. Writ petition stands disposed of accordingly.
( Jasbir Singh ) Judge (Augustine George Masih) Judge September 6, 2011 DKC