C.W.P. No.3046 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.3046 of 2009 (O&M) Date of decision:13.07.2009. Swaran Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Rahul Rampal, Advocate, for the petitioner. Mr. Anil Sharma, Addl. A.G., Punjab. Mr. A.R.Takkar, Advocate, for respondent Nos.2 to 5. Mr. S.K.Mukhi, Advocate, for applicants in C.M. No.7791 of 2009. ***** JASBIR SINGH, J. By filing this writ petition, the petitioner prays that a writ of certiorari be issued to quash order dated 11.02.2009 (P-8) cancelling allotment of plot bearing No.E-625 A, Phase VII, Focal Point, Ludhiana, which was allotted to the petitioner on 16.01.2009 in lieu of plot No.E-657 B, Focal Point, Ludhiana. As per the admitted facts, the petitioner, in the year 1996, was allotted a plot bearing No.E-753 in Focal Point, Ludhiana. As per contention of counsel for the petitioner that plot was not suitable to set up an industry by the petitioner, he made a representation to change his allotment. His request was accepted on 29.08.2007 (P-2) and a plot bearing No.E-657 B was allotted to him. That plot was also not suitable to him, he again represented, his request was accepted and ultimately vide order dated 16.01.2009 (P-4) he was allotted plot bearing No.E-625 A in the abovesaid Focal Point. Possession of the plot in question was also C.W.P. No.3046 of 2009 (O&M) -2- delivered to the petitioner on 02.02.2009 (P-5). Thereafter, some dispute, regarding possession, was raised by owners of the adjoining industrial plots, the petitioner went to the Civil Court by filing a civil suit on 09.02.2009 (P-6). Interim injunction was passed in his favour on 12.02.2009 (P-7). In the meantime, the respondent – Corporation, without any notice to the petitioner, vide order dated 11.02.2009 cancelled plot bearing No.E-625 A allotted to the petitioner on 16.01.2009. Hence, this writ petition. It is apparent from the record and not disputable before this Court that before passing order Annexure P-8 on 11.02.2009, no notice was given to the petitioner. He was not heard. The plot was cancelled only on a representation made by owners of the adjoining plot holders stating therein that they had been using this plot as a passage. It appears that some inquiry was got conducted that too at the back of the petitioner. If that is so, there is a clear violation of the principle of natural justice. Nobody can be condemned unheard. In view of the above, this writ petition is allowed. Order Annexure P-8 is set aside. However, liberty is granted to the respondent – Corporation to pass a fresh order as per the norms, after giving opportunity of hearing to the petitioner. The petitioner is also permitted to produce any documentary evidence before the respondent – Corporation. The applicants (in C.M. No.7791 of 2009) are also granted liberty to represent their case before the authorities concerned. The Competent Authority shall pass an appropriate final order, as per law, within a period of 2 months from the date of receipt of copy of this order. Disposed of. July 13, 2009. ( JASBIR SINGH ) vinod JUDGE