CWP No. 18334 of 2005 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 18334 of 2005 Date of Decision: 23.9.2008 Jai Pal Singh ..Petitioner versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present : Mr. H.S.Grewal, Advocate for the petitioner Mr. Rameshwar Malik, Addl. A.G. Haryana for respondents No.1 to 3 Mr. Deepender Ahlawat, Advocate for respondent No.4 Mr. Adish Gupta, Advocate for respondents No. 5 to 7. ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing respondents No.1 to 4 to take immediate action against respondents No. 5 to 7 and all other persons who are found to be violating the provisions of Punjab Scheduled Roads & Controlled Areas Restrictions of Unregulated Development Act, 1963 and Haryana Development and Regulation of Urban Areas Act, 1975. The petitioner's grievance appears to be that, although, a large number of violations of the provisions of the enactments mentioned above, have taken place and have been pointed to the concerned authorities from time to time, the authorities have not taken any CWP No. 18334 of 2005 [2] action whatsoever against those responsible for such violations. A mandamus directing the respondents to do the needful has, therefore, become necessary. On behalf of respondents No.1 to 4, on the other hand, it has been submitted that competent authority, to take action under enactments mentioned above, have not been approached by the petitioner at any time, although, some representations are alleged to have been sent to different authorities, like President of India and Chief Minister of the State of Haryana. It is further submitted by learned counsel for respondents No.1 to 4 that in case the petitioner submits a proper representation to the Director, Town & Country Planning, Haryana, Chandigarh, pointing out the violations that have allegedly taken place and asking for action against those who have committed such violations, the Director or any other authority competent to take action in terms of Section 7 and 12 of Punjab Scheduled Roads & Controlled Areas Restrictions of Unregulated Development Act, 1963, shall initiate action and pass appropriate orders in accordance with law. On behalf of respondents No. 5 to 7, it is submitted that the allegation made by the petitioner is without any basis in so far as the said respondents are concerned. Respondents No. 5 and 6, it is alleged, have not raised any unauthorised construction nor has respondent No. 7 committed any violation. Respondent No. 7 is said to be the real brother of the petitioner with whom the petitioner has some ongoing litigation in regard to certain property owned by the family. Learned counsel appearing for respondents No. 5 to 7, therefore, argued that present proceedings are aimed at settling the personal scores with the said respondents which the petitioner CWP No. 18334 of 2005 [3] cannot be permitted to do in the garb of public interest litigation. It is also argued that the respondents would have no difficulty in case the competent authority is directed to look into the complaints regarding unauthorised construction and violations of the provisions of the enactments mentioned earlier and take appropriate action against those found to be committing such violations. In the circumstances, therefore, and keeping in view the submissions made at the bar, we are inclined to dispose of the writ petition with appropriate directions to the competent authority under the enactments mentioned earlier to entertain the representations, if any, filed by the petitioner pointing out any violation of law and to take appropriate action on the basis of the said complaints against those found responsible for the same. The competent authority shall consider the representation and pass appropriate orders expeditiously but not later than six months from the date the representation is received. The present writ petition is with the above directions disposed of. No costs. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) 23.09.2008 JUDGE 'ravinder'