Civil Writ Petition No. 23069 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 23069 of 2010 Date of Decision: 27.7.2011 O.P.Madan through its Kuldip Kaur,General Attorney ..Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. R.C.Chaudhary, Advocate for the petitioner. Mr. S.S.Sahu, DAG, Punjab for respondent No.1. Mr. H.S.Dhandi, Advocate for respondents no.2 and 3. RAJIVE BHALLA, J. ( ORAL) CM No. 9911 of 2011 CM is allowed. An affidavit of Shri Balbir Singh Doel, Estate Officer, GMADA, Mohali, is taken on record . Civil Writ Petition No. 23069 of 2010 The petitioner prays for issuance of appropriate writ, order, or directions quashing orders dated 29.8.1997, 27.4.2066, 18.5.2010, Annexures P-1, P-2 & P-3, passed by Estate Officer, GMADA, the Additional Chief Administrator, GMADA, Mohali, and the Joint Secretary to Government, Punjab, respectively, cancelling the allotment of House No. HM-125, Phase 3B1, Mohali, and dismissing his appeal and revisions. The house in dispute was allotted to the petitioner in the year 1977. On 29.8.1999, the Estate Officer, Mohali, cancelled the Civil Writ Petition No. 23069 of 2010 2 allotment for misuse of the premises for commercial activities and raising unauthorised construction. The petitioner filed an appeal. The appeal was, however, dismissed. Aggrieved by these orders, the petitioner filed a revision which was also dismissed. During pendency of this petition, as counsel for the petitioner asserted that all unauthorised construction has been removed except for some projections which are in the process of demolition, the following order was passed on 27.5.2011: “ Counsel for the petitioner states that all unauthorized constructions have been removed except from some projections which are also in the process of demolition by the petitioner. He states that the respondents may inspect the house of the petitioner on 15.6.2011 and if any unauthorized construction is found therein, the same may be demolished by them. He further states that a report regarding unauthorized construction be then submitted to this Court by the respondents. If any unauthorized construction is still found therein, the petitioner would not pursue this matter any further. Prayer made by the counsel for the petitioner is accepted by the counsel for the respondents. Adjourned to 4.7.2011. The respondents are directed to inspect the house of the petitioner on 15.6.2011 and submit their report on the date fixed.” The Estate Officer, Mohali, has filed an affidavit that the petitioner has removed all unauthorised construction and has Civil Writ Petition No. 23069 of 2010 3 deposited Rs.9945/- for compounding of construction shown at serial nos. 2 and 5 in the report. A relevant extract from para 3 of the affidavit reads as follows: “ 3 That the petitioner Kuldeep Kaur has removed all unauthorized construction and has also deposited fees of Rs.9945/- on 20.6.2011 for compounding of construction shown at Sr.no.2 & 5 in report. SDO Buildings has prepared his report dated 14.6.2011 which is attached herewith as Annexure A.” Counsel for the petitioner submits that as unauthorized construction has been removed, commercial activities have stopped and compounding fee has been deposited, the order cancelling allotment may be set aside. Counsel for the GMADA submits that he has no objection if the order of cancellation is set aside as commercial activities have come to an end, the petitioner has removed unauthorised construction, and has deposited fee for compounding of structures mentioned at serial nos. 2 and 5 in the report. I have heard counsel for the parties, perused the record submitted by the Estate Officer, GMADA, Mohali, and am satisfied that the petitioner has removed all unauthorised construction, has stopped commercial activities, and has deposited a fee of Rs.9945/- for compounding. In this view of the matter, it would be appropriate to accept the writ petition, set aside the impugned orders and direct the Estate Officer, GMADA, Mohali, to restore the plot to the name of the petitioner, after passing appropriate orders with respect to compounding of the compoundable structures. The needful be done, Civil Writ Petition No. 23069 of 2010 4 within three months of the receipt of a certified copy of this order. No order as to costs. 27.7.2011 ( RAJIVE BHALLA ) VK JUDGE