IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9659 of 2009 Date of Decision: 06.07.2009 Dr.Ashwani Kumar Wadhawan and another Petitioners Versus The State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Hari Pal Verma, Advocate for the petitioners ….. Jasbir Singh, J.(Oral) Notice of motion. On asking of the Court, Mr.Tarunveer Vashisth, Additional Advocate General, Haryana accepts notice. As on today, the Tribunal known as the appellate Tribunal, constituted under the Punjab Scheduled Roads and Controlled Areas Restriction of unregulated Development Act, 1963, is not functional. Its Chairman has retired in the month of March 2009. Before lunch, Mr.Tarunveer Vashisth, Additional Advocate General, Haryana, was directed to get instructions as to within how much time, the State will be in a position to make the Tribunal functional. He states that it will take some time to appoint Chairman of the Tribunal. Vide order dated 23.6.2009, District Town Planner (Enforcement), Faridabad has ordered demolition of the building, constructed by the petitioners, on the ground that the building was raised Civil Writ Petition No.9659 of 2009 without getting proper approval from the department. Against that order, the petitioners have filed an appeal on 1.7.2009. As the Tribunal is not working, the petitioners failed to get any interim order passed in their favour. Under these circumstances, this writ petition has been filed. After hearing counsel for the parties, this Court feels that in case during pendency of the appeal, without its hearing, building raised by the petitioners is demolished, it will cause an irreparable loss to them. Under these circumstances, this writ petition is disposed of by ordering that operation of the impugned order shall remain stayed. The petitioners are directed to move an application within two weeks from the date, Chairman of the Tribunal is appointed, for getting interim stay. If any such application is moved, the same shall be disposed of on priority and in case the petitioners fail to make any application, as mentioned above, then the interim order granted today shall be deemed to have been vacated. Copy of the order be supplied to the counsel for the parties dasti on payment of usual charges. 06.07.2009 (Jasbir Singh) gk Judge 2