CWP No.900 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.900 of 2008 (O&M) Date of Decision: 24.09.2010 **** Shri Madan Gopal Chaudhary . . . . Petitioner VS. Advisor to Administrator & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Ashok Aggarwal, Senior Advocate with Mr. Rajesh Gupta, Advocate; and Mr. Gaurav Singla, Advocate for the petitioner Ms. Alka Chatrath, Advocate for the respondents Mr. Pankaj Katia, Advocate for the intervenor(s) ***** SURYA KANT J. (ORAL) (1). The petitioner’s site bearing No.93, Industrial Area, Phase-I, Chandigarh was resumed vide order dated 12.11.2002 (Annexure P4) by the Assistant Estate Officer, UT Chandigarh under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952. The appeal and the revision petition preferred by him having been dismissed vide orders dated 23.02.2006 CWP No.900 of 2008.doc - 2 – (Annexure P5) and 10.01.2007 (Annexure P6) that the petitioner has approached this Court. (2). I have heard the learned counsel for the parties and perused the records. (3). It is not disputed by learned counsel for the parties and is rightly recorded in the order dated 27.01.2010, that all the building violations have since been removed. (4). Learned counsel for the petitioner undertakes that there shall be no building violation(s) in future and the petitioner is ready and willing to pay the penalty amount as may be assessed under the Rules/Byelaws. (5). The above-stated offer is acceptable to counsel for the respondents. (6). In this view of the matter, the writ petition is allowed and the impugned orders dated 12.11.2002; 23.02.2006; and 10.01.2007 (Annexures P4 to P6, respectively) are hereby quashed subject to the following conditions and directions:- a. The petitioner and his co-owners/occupants shall give an undertaking by way of their respective affidavits before the Estate Officer, UT Chandigarh within one week to the effect that no CWP No.900 of 2008.doc - 3 – building violation(s) shall be committed by them in future; b. Upon receipt of the undertakings, the Estate Officer, UT Chandigarh shall assess and intimate the amount of penalty and the petitioner and/or his co-owners/occupants of the subject premises shall deposit the same within a period of one week from the date of receipt of such communication; c. In the event of any future building violations(s), the respondents shall be at liberty to invoke the previous order of resumption and proceed in accordance with Rules/Policies/Byelaws against the petitioner and his co-owners/occupants of the building. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 24.09.2010 vishal shonkar