CWP No.7731 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7731 of 2009 (O&M) Date of Decision: 03.08.2010 **** Balbir Singh Sahi . . . . Petitioner VS. Punjab Small Industries & Export Corporation Ltd. & Anr. . . . . . 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. Arihant Jain, Advocate for the petitioner Mr. Pankaj Gupta, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner was allotted an industrial plot No.C-176 at Focal Point, Patiala vide allotment letter dated 27th June 1995 (Annexure P1). The allotment was, however, cancelled by the Additional Managing Director of the respondent-Corporation vide order dated 31.10.2008 (Annexure P9) on the ground that the petitioner failed to raise the construction upon it within the stipulated/extended period. (2). The petitioner filed an appeal against the cancellation order before the Managing Director of the Corporation (Annexure P10) with a specific plea that he could not raise the construction for no fault on his part as there CWP No.7731 of 2009.doc - 2 – were high tension wires going above the plot and unless those were removed/shifted no construction could be raised. (3). The above mentioned appeal has been turned down with a one line cryptic order signed by one Estate Officer stating that the petitioner’s representation has been ‘considered’ and ‘rejected’. (4). Suffice it to say that the said order dated 6th April, 2009 (Annexure P11) does not meet the requirement of principles of natural justice and fair play. (5). In this view of the matter, the order dated 06.04.2009 (Annexure P11) is hereby quashed and the Managing Director of the respondent-Corporation is directed to decide the appeal afresh after affording an opportunity of personal hearing to the petitioner and by passing a speaking order, with specific reference to the above- mentioned plea taken by the petitioner, within a period of three months from the date of receipt of a certified copy of this order. (6). The Managing Director shall also keep in view the petitioner’s willingness to pay the extension fee/interest and penalty, if any, followed by an undertaking to raise the construction in a time bound manner. Till the petitioner’s appeal/representation is decided, the parties shall maintain status quo. CWP No.7731 of 2009.doc - 3 – (7). Ordered accordingly. Dasti. 03.08.2010 vishal shonkar (SURYA KANT) JUDGE