Disposed

New Generation Residents Welfare Society (Regd) Zirakpur v. State of Punjab and Ors.

Punjab & Haryana HC10 Apr 2013CWP/7371/2013

Case brief

AI extract

What is this about?

Petitioner Society complained about unauthorized construction by the builder affecting open spaces. Without expressing views on merits as respondents were not heard, the High Court directed Government respondents to treat the petition as a representation, investigate, and pass a speaking order within four months after hearing all concerned.

What did the court decide?

Direction to respondents 2-4 to treat petition as representation, investigate, and pass speaking order within four months after hearing all concerned.

New Generation Residents Welfare Society (Regd)… — Landlord and Tenant | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.7371 of 2013 Date of Decision : April 10, 2013

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New Generation Residents Welfare Society (Regd.) ....Petitioner versus

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The State of Punjab and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.

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Present : Mr.Ramesh Chander Bawa-petitioner-in person. Ms.Munisha Gandhi, Additional AG, Punjab.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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Notice of motion.

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Ms.Munisha Gandhi, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondents.

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Let two copies of the writ petition be supplied to the learned State counsel during the course of day failing which the order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution.

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In view of the nature of order which we propose to pass, there is no necessity to seek any counter-affidavit from the respondents at this stage.

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The petitioner-New Generation Residents Welfare Society Regd. Dhakoli (Zirakpur) has preferred this writ petition seeking a direction to the official respondents,

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CWP No.7371 of 2013

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[2]

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comprising State of Punjab and its functionaries, to decide various issues said to have been raised by the Society from time to time in relation to 100% Group Housing Society known as 'New Generation Apartments' Dhakoli (Zirakpur). The representative of the petitioner-Society who has argued this case in person points out that the 12^th respondent who is the builder-cum-developer of their Society is allegedly continuing with unauthorized construction of multi-storeyed apartments though the entire licensed area cannot be utilized for construction only. It appears from the grievances expressed by the petitioner-Society in various resolutions/notices that commercial venture of the 12^th respondent has been accorded approval by one or the other Government agency at the costs of the original flat-holders to whom the flats were sold in the year 2003, as the open space and other basic amenities meant for them are now being over consumed. Their grievance is that no action is being taken by the Government agencies despite their running from pillar to post.

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Having heard the petitioner-Society's representative in person and after going through the contents of the writ petition, however, without expressing any views on merits of the petitioner's claim at this stage moreso when none of the respondents have been heard, we deem it appropriate to dispose of this writ petition with a direction to respondent Nos.2 to 4 to treat this petition as a representation on behalf of the petitioner-Society and take cognizance of the complaints/notices/resolution received from the petitionerSociety and if any substance is found in their allegations, take the remedial measures in accordance with law, however, only after hearing all the concerned including respondent No.12, if

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CWP No.7371 of 2013 [3] so required. An appropriate speaking order shall be passed by respondent Nos.2 to 4 within a period of four months from the date of receiving a certified copy of this order.

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Ordered accordingly. Dasti.

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(SURYA KANT) JUDGE $ April 10, 2013 (R.P.NAGRATH) Mohinder JUDGE

New Generation Residents Welfare Society (Regd) Zirakpur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

New Generation Residents Welfare Society (Regd) Zirakpur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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