High Court refused to entertain a PIL regarding unauthorized construction, noting that notices were already issued and appeals were pending regarding demolition stays. The court declined to interfere as the judicial process was active elsewhere and the petitioner could seek civil remedies for easementary rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Civil Writ Petition No.4501 of 2014 (O&M)
DATE OF DECI SI ON: 11.03.2014
Shashi Pal
…..Petitioner
versus
State of Punjab and others
.....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr. Am andeep Singh Manaise, Advocate for the petitioner
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
We are not inclined to entertain the PIL for the reason that the grievance is m ade against respondents No.4 and 5 of unauthorised construction whom notices have already been issued by the Municipal Corporation. The said respondents No.4 and 5 have assailed the notices in appeal where stay of demolition has been granted. Thus, the judicial process to determine the legality of construction is on.
A representation has been made by the petitioner on 16.9.2013 seeking to give an impression as if the construction work is still on contrary to sanctioned plan. If that be the position, the Corporation would, naturally, take action in accordance with law based on the representation.
We make it clear that this order will not in any manner affect the rights of the petitioner to seek appropriate civil remedy as his property is in the vicinity of the construction and his claim really is of his
Chand Parkash 2014.03.11 16:13 I attest to the accuracy and integrity of this document
CW P- 4501 - 2014
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easementary rights being affected along with the other inhabitants of the locality.
The petition accordingly stands disposed of.
( SANJAY KI SHAN KAUL ) CHI EF JUSTI CE 11.03.2014 ( ARUN PALLI ) parkash* JUDGE
Chand Parkash 2014.03.11 16:13 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the High Court should entertain a PIL regarding unauthorized construction when administrative action is already in progress.
Shashi Pal
State of Punjab
SANJAY KI SHAN KAUL
ARUN PALLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
