Punjab-Haryana High Court
Akon Electronics India Pvt. Ltd. vs State Of Haryana And Ors. on 2 September, 1997
Equivalent citations: (1998)119PLR64
JUDGMENT G.S. Singhvi, J.
1. This petition has been filed for quashing the notice Annexure P-6 dated 5.10.1995 issued by respondent No. 2 requiring the petitioner to demolish the unauthorised construction made by it.
2. During the course of hearing, Shri Suvir Sehgal, pointed out that the notice Under Section 12(3) of the Punjab Scheduled and Controlled Area Restriction of Unregulated Development Act, 1963, was issued in the name of M/s Akon Chemicals Ltd., Tehsil Bahadurgarh, Distt. Rohtak and not in the name of M/s Akon Electronics India Pvt. Ltd. Shri Sehgal pointed out that there is no company in existence with the name of M/s Akon Chemicals Ltd., Tehsil Bahadurgarh, District Rohtak. According to him no action prejudicial to the rights, and the interest of the petitioner could have been taken by the respondents in general and respondent No. 3 in particular without giving proper notice and opportunity of hearing to the petitioner.
3. The learned Advocate General, Haryana was fair and candid enough to state that as per record also no notice has been issued to M/s Akon Electronics India Pvt. Ltd.
4. In view of the statement made by the learned Advocate General, Haryana, we are of the opinion that the proceedings initiated against the petitioner Under Section 12(3) of the Act cannot be sustained. It bears repetition that no person can be condemned without giving an opportunity of hearing and as no notice was issued to the petitioner in the eye of law the impugned proceedings must be quashed.
5. In view of the above, we allow the writ petition and quash the proceedings initiated against the petitioner for the alleged violation of the provisions of the Act of 1963. However, it is made clear that this order shall not preclude the competent authority from taking the proceedings against the petitioner for the alleged violation of the provisions of the Act of 1963 and the rules made thereunder and pass appropriate order in accordance with law.