CWP No.19315 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19315 of 2007 Date of decision: 09-07-2009 Anil Aggarwal ....Petitioner VERSUS The Chairman, Improvement Trust & another ....Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. B.B. Bagga, Advocate, for the petitioner. Mr. Jaspreet Singh, Advocate, for respondent No.1. Mr. Anil Sharma, Addl. Advocate General, Punjab. for respondent No.2. JASBIR SINGH, J. (Oral) Petitioner has filed this writ petition with a prayer to quash notice dated 18-1-2006 (P-29) vide which he was directed to deposit an amount of Rs.72,000/- towards non-construction charges and amount of Rs.38,800/- on account of enhanced compensation. It is on record that petitioner had purchased a plot bearing No.39(C), Shahed-E-Azam Bhagat Singh Nagar, Ropar from one Jaismer Singh, to whom it was allotted in the year 1993. Transfer in favour of the petitioner was effected in the month of July 1995 vide order Annexure P-2. In the allotment letter, issued in favour of Jaismer Singh regarding construction, following stipulation was incorporated:- CWP No.19315 of 2007 -2- “That the construction over the plot shall be made within three years of date of allotment as per rules of the Trust. The construction of the building shall be made after getting approval of the plan from the Trust and after getting demarcation of the plot.” It is an admitted fact that over the plot in dispute, high powered electric wires were passing. Petitioner made a representation to the Improvement Trust to get those wires removed, so that he may raise construction thereon. Improvement Trust made a request to the Electricity Board for removal of those electric wires, which as per record, were removed in the month of April 2001. It is case of the respondent – Trust that limitation to construct building, within three years, would start from 2001 and on account of petitioner's failure to do that, non-construction charges could have been claimed from the year 2004. Counsel for the petitioner states that removal of high powered electric wires were not to the notice of the petitioner. He came to know about the abovesaid fact in the year 2006. It is prayer of the petitioner that limitation of three years for construction should start from the year 2006 and if that prayer is accepted, he is not supposed to pay any amount, on account of non-construction charges. This argument is liable to be rejected. It is apparent from the record that vide letter dated 15-07-2004, the petitioner was informed that high powered electric wires stood removed from the plot in the month of April 2001. The averment of the petitioner that he came to know about removal of the wires in the year 2006 is CWP No.19315 of 2007 -3- incorrect. In view of the above, the respondent – Trust is rightly charging non-construction fee from the month of April 2004. An amount of Rs.38,800/- was rightly claimed towards enhanced compensation as per rules. Dismissed. (JASBIR SINGH) 9-07-2009 JUDGE manju