IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 9011 of 2007 DATE OF DECISION: November 10, 2008 Balwinder Singh …Petitioner Versus State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. Gagandeep Singh, Advocate, for the petitioner. Mr. Suvir Sehgal, Addl. AG, Punjab. for respondent No. 1 Mr. L.S. Virk, Advocate, for Mr. R.S. Khosla, Advocate, for respondent Nos. 2 and 3. 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. C.W.P. No. 9011 of 2007 1. The petitioner has approached this Court with a prayer for quashing order dated 24.4.207 (P-6) passed by the Secretary, Housing and Urban Development Department, Punjab, Chandigarh, dismissing the revision petition filed by him and upholding the eviction order passed under Section 46(1) of the Punjab Regional and Town Planning Development Act, 1995 (for brevity, ‘the Act’). The principal ground for ordering eviction of the petitioner given in the initial order of the Estate Officer, dated 30.4.2003 (P-4) is that the petitioner had raised unauthorized construction and order resumption was passed on 6.9.2002 alongwith the direction that 10% of the total cost is forfeited in favour of the respondents. Thereafter, the petitioner was issued notice under Section 46(1) of the Act on 26.2.2003 but he failed to appear and the same resulted in passing the order of his eviction on 30.4.2003 (P-4). The appeal filed by the petitioner also met with the same fate as was his revision. 2. In the written statement filed by the respondents it has now been conceded that the petitioner has removed unauthorized construction as per the report of Sub Divisional Engineer, PUDA, dated 9.7.2007, which is after the passing of the order in the revision petition, passed by the Secretary, Housing and Urban Development Department, Punjab, Chandigarh (P-6). 3. In view of the above, order dated 24.4.2007, passed by the Secretary, Housing and Urban Development Department, Punjab, Chandigarh (P-6) in the revision petition, filed under Section 45(8) of the Act is quashed with a direction to him to re-consider the matter 2 C.W.P. No. 9011 of 2007 afresh in view of the changed facts and circumstances. The Secretary should also re-consider the order of resumption passed on 6.9.2002 in accordance with law. The needful shall be done within a period of three months from the date of receipt of a certified copy of the order. 4. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (JORA SINGH) November 10, 2008 JUDGE Pkapoor 3