IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 11426 of 2007 DATE OF DECISION: November 28, 2008 Jagjit Singh …Petitioner Versus State of Punjab and another …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. R.S. Bains, Advocate, for the petitioner. Mr. B.S. Dhillon, AAG, Punjab, for respondent No. 1. Mr. Sanjeev Sharma, Advocate, for respondent No. 2. 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? M.M. KUMAR, J. The petitioner has approached this Court with a prayer for quashing order dated 24.4.2007 (P-10), passed by the Secretary, Housing and Urban Development Department, Punjab, declining the request of the petitioner to review his earlier order dated 22.10.2003 (P-6). According to order dated 22.10.2003, on an undertaking given by the petitioner by way of affidavit, time was granted up to 1.4.2004 for stopping the misuse, as the site in question was rented out to a school. The Estate Officer, PUDA, Mohali, was also directed to get the site physically verified and ensure that school was closed from the C.W.P. No. 11426 of 2007 demised premises. The report was to be submitted by 7.4.2004. However, on account of delay in complying with the aforementioned order, the petitioner filed an application seeking review and extension of further time till 31.1.2005. It is undisputed that the misuse of the site in question was stopped as the school was shifted on or before 31.1.2005. It is true that the Secretary, Department of Housing and Urban Development, Punjab, does not enjoy any statutory power to review its own order and for that reason impugned order does not suffer from any legal infirmity. However, keeping in view the situation which has developed after passing of the impugned order dated 22.10.2003 and the extra time consumed by the petitioner resulting into stoppage of misuse, we deem it just and appropriate to grant him extension upto 31.1.2005, which shall be subject to payment of Rs. 5,000/- as penalty. The penalty be deposited with the Estate Officer, GMADA, Mohali, within a period of four weeks from today. The writ petition stands disposed of in the above terms. The copy of the order be given dasti on payment of usual charges. (M.M. KUMAR) JUDGE (JORA SINGH) November 28, 2008 JUDGE Pkapoor 2