C.W.P NO. 9100 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 9100 OF 2007 DECIDED ON : 31.03.2009 Kewal Krishan and others ...Petitioners versus State of Punjab and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Amar Vivek, Advocate, for the petitioners. Mr. G. S. Attariwala, Additional AG, Punjab. Mr. Parminder Singh, Advocate, for respondent No.4. Mr. J. S. Brar, Advocate, for respondents No.5 to 7. SURYA KANT, J. (ORAL) The petitioners seek a prohibitory direction against the private respondents No.5 to 7 against construction of multistoried commercial complex on Plot No. 4E, New Lal Bagh Colony, Patiala, as according to the petitioners, it is a residential plot and the building plan has also been sanctioned for construction of a residential house only. C.W.P NO. 9100 OF 2007 -2- Vide order dated 31.05.2007, this Court while issuing notice of motion, directed the respondents not to raise any construction beyond the sanctioned plan. Reply-affidavits have been filed by the respondents. During the course of hearing, learned counsel for the private respondents has referred to the order dated 16.10.2008, issued by the Government of Punjab, whereby resolution No.25 dated 20.11.2007 and resolution No.17 dated 15.04.2008 passed by the Municipal Corporation, Patiala have been approved. The Municipal Corporation is purported to have resolved vide these resolutions to convert part of the subject residential area into commercial area. Learned counsel for the Municipal Corporation, on the other hand, submits that even after conversion of the part of residential area into 'commercial area', it is imperative upon the plot holder to submit fresh building plans and the commercial complex can be constructed only on the sanctioning of such building plans. Learned counsel for the private respondents undertake to submit the requisite building plans and to raise further construction of the complex only after the building plans are sanctioned. The petitioners shall be at liberty to pursue their objections against the resolutions of the Municipal Corporation and/or against the above mentioned government decision. Their C.W.P NO. 9100 OF 2007 -3- objections are directed to be dealt with in accordance with law. This writ petition is accordingly disposed in the above quoted terms, however, with a further clarification that until the building plans submitted by the private respondents for construction of the commercial complex are duly sanctioned by the Municipal Corporation, no such construction shall be raised by them. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 31, 2009 (SURYA KANT) shalini JUDGE