IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14543 of 2007 Date of decision: 1st December, 2009 Uma Rani Jain … Petitioner Versus Chandigarh Administration and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.K. Kukreja, Advocate for the petitioner. Mr. H.S. Giani, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed with a prayer that impugned order dated 26th September, 2000/24th October, 2000, whereby residential house of the petitioner bearing No.3057, Sector 28 D, Chandigarh was resumed be set aside. Petitioner had approached the appellate authority, who on 18th August, 2005 vide impugned order (Annexure P-2) affirmed the order of resumption. Revision filed by the petitioner was also dismissed vide order (Annexure P-3). Petitioner approached this Court and on 17th March, 2009, a Single Bench of this Court passed the following order: “The challenge in this case is to the resumption orders passed by the respondents on account of more than one building violation alleged to have been committed by the petitioner while constructing Plot No.3057, Sector 28/D, Chandigarh. Learned counsel for the respondent-Administration submits that the violations, as mentioned in the report dated 11.01.2008 appended with the reply have not yet been removed. However, learned counsel for the petitioner states that the same have already been removed and at present no Civil Writ Petition No. 14543 of 2007 building violation, whatsoever, exists. In order to ascertain the correct state of affairs, let an authorized officer of the Administration revisit the site and submit his report before the adjourned date. The respondent shall also furnish the details of the penalty, if any, imposable upon the petitioner in respect of the violations. Adjourned to 08.05.2009.” Thereafter, inspection report was filed and on 28th July, 2009 following order was passed: “In response to order passed by this Court on 8.5.2009, status report has been submitted by the Assistant Estate Officer, Chandigarh, wherein it has been stated that all non- compoundable and non-sanctionable building violations have been removed by the petitioner and revised building plan has been submitted. Report is taken on record. The petitioner is directed to file an affidavit that in future, she will not commit any violation of the building plan, compoundable or otherwise.” Affidavit as desired, to comply with order dated 28th July, 2009, has been filed. Counsel for the respondents has submitted that since building violations have been removed by the petitioner and revised building plan has been submitted, resumption order can be withdrawn, subject to payment of penalty to be paid by the petitioner. Counsel for the petitioner has submitted that petitioner is ready and willing to pay the amount of penalty to be determined by the competent officer. Therefore, in view of the broad agreement between counsel for the parties and to give effect to the interim orders passed in this case by various Benches of this Court, the impugned orders (Annexure P-1, P-2 and 2 Civil Writ Petition No. 14543 of 2007 P-3) are set aside. Petitioner has already filed an undertaking in this Court that henceforth she will not commit any violation of sanctioned building plan. Since the impugned orders have been set aside, present writ petition is disposed of with observation that the competent authority shall determine the amount of penalty within three months from today and same shall be paid by the petitioner within next three months. [KANWALJIT SINGH AHLUWALIA] JUDGE December 1, 2009 rps 3