CWP No.1246 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1246 of 2010 Date of Decision: 12.11.2010 **** M/s. Sudarshan Kumar and Co. & Anr. . . . . Petitioners VS. State of Punjab and others . . . . . 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. Vikas Behl, Advocate for the petitioner Mr. K.D.S. Sidhu, DAG Punjab **** SURYA KANT J. (ORAL) 1. The petitioners seek execution of the Conveyance Deed in respect of the commercial site measuring 4 kanals 18 marlas on old GT road, near LIC Office Building, Phillaur purchased by them in an auction held on 21.11.2000. 2. From the documents on record, it appears that the only reason for not executing the Conveyance Deed/Sale Deed as explained by the PUDA authorities is that the petitioners have allegedly constructed the building contrary to the sanctioned building plans and/or the existing law. On the other hand, the petitioners’ case is that the building plans were duly got sanctioned from the Municipal Council, Phillaur and thereafter only the building has been constructed strictly as per those plans. CWP No.1246 of 2010.doc - 2 – 3. In view of the above noticed rival stand taken by the parties and keeping in view the fact that the petitioners have adhered to rest of the terms and conditions of the allotment letter, the writ petition is disposed of with a direction to the respondent- authorities to execute the Conveyance Deed/Sale Deed within a period of 15 days from the date of receipt of a certified copy of this order. 4. However, the execution of the Conveyance Deed/Sale Deed shall not be taken as regularization/validation of the construction raised by the petitioners at the site. The PUDA authorities, Municipal Council, Phillaur or any other competent authority shall be entitled to take appropriate action as may be permissible under the law, if it is found that the construction raised by the petitioners in violation of the Rules/Byelaws/Statute. 5. Ordered accordingly. Dasti. 12.11.2010 vishal shonkar (SURYA KANT) JUDGE