Civil Revision dismissing a petition devoid of merit regarding unauthorised construction, without examining the merits or interfering with the imugned order.
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 3043 of 2009 (O&M)
Date of decision: May 26, 2009
Usha Puri
.. Petitioner
Vs.
Rajan Mathur and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Gurinder Pal Singh, Advocate for the petitioner.
A.N. Jindal, J
The plaintiff is the owner of the ground floor where he has allegedly raised unauthorised construction in violation of the Punjab Schedule Roads and Controlled Area Restriction of Unregulated Development Act, 1963 (herein referred as 'the Act'). The applicantrespondent and his wife Meera Mathur is residing on the first floor whereas the petitioner is residing at the ground floor. On issuance of notice by the defendants for initiating proceedings against the plaintiff under the aforesaid Act, the defendant also applied for assisting the defendants No.1 and 2 in connection with the alleged unauthorised encroachments. He having been residing at the first floor is certainly effected by the said encroachment made in violation of the Act. As such, the trial court appears to have rightly ordered the impleadment of the respondent as party defendant.
In the peculiar circumstances of the case, this court does not want to interfere with the impugned order.
Without commenting over the merits of the case and without holding if any unauthorised construction has been made, this petition being devoid of any merit is dismissed.
May 26, 2009 (A.N. Jindal) deepak Judge
Usha Puri
Rajan Mathur and others
A.N. Jindal
As recorded by the court registry
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