CWP No.13286 of 2008 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 08.07.2009 Naresh Soni Vs. State of Punjab and others CORAM: HON'BLE MR.JUSTICE PERMOD KOHLI Present: Mr.ML Saggar, Senior Advocate,with Mr.Munish Jolly, Advocate, for the petitioner. Mr.PC Goyal, Addl.AG, Punjab, for respondent Nos. 1 & 5. Mr.RS Bajaj,Advocate,for respondent No.2. Mr.Ranjit Chawla, Advocate,for respondent Nos.3 and 4. PERMOD KOHLI, J. (Oral): The petitioner has filed this petition seeking a direction in the nature of mandamus to respondent No.2 to demolish the unauthorised construction of the building raised by respondent Nos.3 and 4 for which a building sanctioned plan No.78D dated 20.4.2006 was issued. It is contended on behalf of the petitioner that respondent Nos.3 and 4 have raised construction in violation of the building plan by leaving just five feet space towards the site of the petitioner instead of 12 feet space as provided under the sanctioned plan. It is further contended that according to the information of the petitioner, the Municipality has already issued letter dated 30.04.2009 sanctioning revised plan to avoid demolition which is otherwise in violation of the original plan. Vide order dated 29.04.2009 passed by this Court, respondent No.2 was directed to produce the record. Mr.RS Bajaj, appearing for CWP No.13286 of 2008 : 2 : respondent No.2 has produced the record of the Municipality today in Court. Letter dated 30.04.2009 is on record whereby it was conveyed by the Assistant Town Planer that a revised plan has already been sanctioned. Mr.Bajaj, on instructions from Mr.Balkar Singh, Assistant Town Planner, who is also present in Court, states that this letter was issued without the approval of the Commissioner and the so called revised sanctioned plan was never approved by the Commissioner and the matter is under active consideration of the Commissioner. He further submits that the letter dated 30.04.2009 be deemed to have been revoked. In view of the statement made by Mr.Bajaj and the fact that the matter is still under consideration with the Commissioner, this petition is disposed of, at this stage, with a direction to the Commissioner to take a final decision regarding the revision of the site plan in accordance with law after affording opportunity of being heard to the petitioner, respondent Nos.3 and 4 and all other interested parties in this regard after giving due notice of appearance. Let the decision be taken within a period of two months from today. Any of the aggrieved party shall be at liberty to seek appropriate remedy available under law. In the meantime, respondent Nos.3 and 4 are directed not to raise any construction in violation of the original sanctioned plan. 08.07.2009 (PERMOD KOHLI) BLS JUDGE