IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.12880 of 2009 Date of Decision: 24.08.2009 Raghbir Singh and others Petitioners Versus The State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.R.P. Singh Ahluwalia, Advocate for the petitioners ….. Jasbir Singh, J.(Oral) Vide notices dated 29.6.2009 (P53 to P64), the petitioners were directed, to get their construction regularized, alleged to have been raised, within 30 meters on the roadside along with a scheduled road. In this writ petition, it is case of the petitioners that earlier also, notices were issued to them to demolish their construction on the reason aforementioned. They filed replies, notices were not proceeded further. Now, without any justification and contrary to the provisions of Section 22 of the Punjab Scheduled Roads and Controlled Restriction of Unregulated Development Act, 1963, again notices have been issued to the petitioners, by terming their construction, which falls within the extended abadi deh, as unauthorized. They have been asked to get the same regularized against payment. Heard. Civil Writ Petition No.12880 of 2009 This Court feels that as on today, final order has not been passed against the petitioners. Whether their construction is permissible or not, no finding has been given in that regard. If the petitioners prove on record that the construction raised by them falls within the extended abadi deh and is not hit by the provisions of the above mentioned act, they need not to get their construction regularized. To the contrary, the petitioners are duty bound to get their construction regularized as per notices issued to them. In view of facts mentioned above, this writ petition is disposed of by issuing directions to the District Town Planner, Ambala, to treat this writ petition as a representation and dispose it of by passing a speaking order. The officer, after making reference to the revenue record and any other evidence, as may be led by the petitioners, shall give a specific finding as to whether the construction raised by the petitioners is hit by the provisions of the aforesaid Act or not. If the construction raised by the petitioners is permissible, then they need not to get it regularized. Order be passed after giving an opportunity of hearing to the petitioners and till such time, order is passed, no coercive action be initiated against them. Needful be done within a period of one month from the date of receipt of a copy of this order along with a copy of the writ petition. 24.08.2009 (Jasbir Singh) gk Judge 2