HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14878 of 2010 (O&M) Date of Decision: 30.03.2011 **** Dr. Rozy Jain & Anr. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. PK Gupta, Advocate for the petitioners Ms. Monica Chhibber Sharma, DAG Punjab Mr. Rajinder Sharma, Advocate for respondents No.3&4 **** SURYA KANT, J. (ORAL) (1). The petitioners are Medical Practitioners who seek quashing of the notice dated 10.09.2009 (Annexure P13) and the order dated 16.07.2010 (Annexure P25) passed by the Improvement Trust, Khanna directing them to stop the misuse of the residential building failing which the allotment of their plot shall stand cancelled besides forfeiture of the amount already deposited. (2). The undisputed facts were that the residential building No.10 in GTB Nagar Scheme was allotted to one Gurmukh Singh which he later on sold to one Dr. Ranjit Kaur w/o Harpal Singh from whom the petitioners CWP No.14878 of 2010.doc - 2 – purchased the same vide two different sale deeds. The allegation against the petitioners, as contained in the show cause notice dated 10.09.2009 (Annexure P13) pertained to the misuse of the residential unit for running the hospital/clinic i.e. for commercial purposes. Since the petitioners failed to stop the misuse that the impugned order (Annexure P25) was passed cancelling the allotment. (3). The aggrieved petitioners have approached this Court. (4). Vide order dated 20.08.2010, the dispossession of the petitioners was stayed subject to the undertaking to be filed by them that they will use the subject premises only for residential purposes with liberty to the Improvement Trust/Municipal Authorities to periodically visit the site. (5). On 10th March, 2011, it was stated on behalf of the petitioners that the Hospital has been shifted to a new premises and the subject building is being used for residential purpose only. The matter was adjourned to enable the Improvement Trust to verify the above-stated stand. (6). Learned counsel for the Improvement Trust, Khanna has filed an affidavit which is taken on record, inter alia, pointing out that the petitioners no longer run the hospital in the residential building, however, there are CWP No.14878 of 2010.doc - 3 – some other violations of the sanctioned building plan on the ground and first floor of the house. (7). In view of the above-stated later developments, I am of the considered view that it would be too harsh to cancel the allotment and/or dispossess the petitioners from the residential house on the ground of certain violation of the sanctioned building plan. (8). The impugned show cause notice dated 10.09.2009 (Annexure P13) and the order dated 16.07.2010 (Annexure P25) passed by the Improvement Trust, Khanna are accordingly quashed subject to the following directions:- (i). The petitioner shall abide by their undertaking given in terms of the order dated 20.08.2010 and shall not use the subject premises for the other than residential purpose; (ii). The Improvement Trust shall specifically point out the alleged violations of the sanctioned building plan by way of separate notice and on its receipt, the petitioners shall either seek compounding of such violations, if so provided under the Rules and/or remove them to the satisfaction of the Authorities failing which the Trust shall be at liberty to proceed in accordance with law. CWP No.14878 of 2010.doc - 4 – (9). Disposed of accordingly. Dasti. 30.03.2011 vishal shonkar (S u r y a K a n t) Judge