IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.919 of 2010 DATE OF DECISION: May 05, 2010 Aslam Khan .....Petitioner versus State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Atul Lakhanpal, Senior Advocate with Mr.R.S. Chahal, Advocate for the petitioner Mr.Sandeep Moudgil, DAG, Punjab Mr.Anil Kumar Sharma, Advocate for respondent No.2 .. RAJAN GUPTA, J.: (Oral) The only grievance of the petitioner in the instant petition is that without issuance of any notice to him, the construction being raised on second floor of his property as described in para-2 of the petition, has been directed to be stopped. He submits that neither any notice was served on the petitioner nor any opportunity of hearing was granted to him. Learned counsel appearing for the Municipal Committee, Zirakpur, has disputed the submissions made on behalf of the petitioner. He submits that Notice dated 13.11.2009 (Annexure R-1) was pasted on the property of the petitioner. He, however, submits that pursuant to said notice, respondent No.2 shall grant an opportunity of C.W.P. No.919 of 2010 - 2 - hearing to the petitioner and pass a speaking order thereon. Without going into the question of service of notice upon the petitioner, this court is of the view that petitioner deserves an opportunity of hearing before a decision is taken by the concerned authority with regard to the construction to be raised on his property. In view of the statement made by learned counsel appearing for Municipal Committee, Zirakpur, this petition is disposed of with a direction that respondent No.2 shall grant an opportunity of hearing to the petitioner within a week of receipt of certified copy of this order and shall pass a speaking order within a week thereafter. May 05, 2010 ( RAJAN GUPTA ) pc JUDGE 2