IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.10233 of 2011 Date of Decision:- 01.06.2011 Naresh Kumar ....Petitioner(s) vs. State of Punjab and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.L.M.Gulati, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (Oral) The petitioner, who is owner of plot No.274 measuring 132.6 sq. yards in Scheme No.5, Gurdaspur, has built a house thereon. As per the notice dated 11.4.2011 (Annexure P-6) served on the petitioner by the Improvement Trust, Gurdaspur, it was mentioned that the petitioner is carrying out commercial activity in a residential area and, therefore, he has violated the terms of the allotment letter which would lead to forfeiture of the allotment of plot. To this notice, the petitioner responded vide letter dated 29.4.2011. Petitioner filed CWP No.8069 of 2011 which was permitted to be withdrawn by this Court vide order dated 6.5.2011 granting liberty to him to pursue his letter dated 29.4.2011 with the respondents. It would not be out of way to mention here that a Division Bench of this Court in CWP No.18241 of 2008 Improvement Trust Colony Resident Welfare Association vs. Chairman, Improvement Trust, Gurdaspur, vide its decision dated 15.12.2008 directed that the misuse of the residential premises, as alleged by the petitioner-Association be looked into and the C.W.P.No.10233 of 2011 -2- encroachments made on the road be cleared within a period of three months from the date of submission of representation by the petitioner-Association. When no steps were taken thereon, contempt petition bearing COCP No.588 of 2011 was filed by the Association in which show cause notice was issued and it is in pursuance of the said notice that the petitioner has been served with the notice dated 11.4.2011. Now, it is the contention of the petitioner that the petitioner has been served with yet another notice dated 10.5.2011 where an additional ground has been taken that the petitioner had made excessive covered construction over the plot in question which requires to be dismantled within a period of seven days, failing which the same would be removed by the Improvement Trust, Gurdaspur on its own. The petitioner in response to this notice dated 10.5.2011 has filed a reply dated 17.5.2011 (Annexure P-10) stating therein that the constructed area is within the parameters and as per the sanctioned plan of the Improvement Trust. It is the contention of the petitioner that before taking any decision on the reply dated 17.5.2011 filed by the petitioner, his construction may not be dismantled as per the notice dated 10.5.2011. Counsel for the petitioner further states that time bound direction may be issued to the respondents to decide the reply submitted by the petitioner dated 17.5.2011 (Annexure P-10) in response to the notice dated 10.5.2011. If that be so, without going into the merits of the case or commenting thereon, the present writ petition is disposed of with directions C.W.P.No.10233 of 2011 -3- to the Chairman/Administrator, The Gurdaspur Improvement Trust- respondent No.2 to decide the reply dated 17.5.2011 (Annexure P-10) within a period of three days from the date of receipt of certified copy of this order. If the petitioner serves the copy of this order, which is to be given to him under the signatures of the Court Secretary, by tomorrow i.e. 2.6.2011, the dismantling, if not already done, will be resorted to only after the decision on the reply submitted by the petitioner. June 01, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE