The Court disposed of the petition noting the Respondents' assurance to decide the petitioners' grievance regarding additional Floor Area Ratio (FAR) charges within four weeks, after affording an opportunity of hearing. The decision was without prejudice to the merits.
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C.W.P. No. 15542 of 2024
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 15542 of 2024 Date of decision: 10.07.2024
Gurudwara Patshahi Dasween
…. Petitioner
Vs. Chandigarh Administration and others …. Respondents
CORAM: HON’BLE MR. JUSTICE ARUN PALLI HON’BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Munish Jolly, Advocate for the petitioner.
ARUN PALLI, J (Oral)
A mandamus is prayed for commanding the respondents to finalize the amount to be paid by the petitioner for granting additional ‘Floor Area Ratio” (FAR), as per the new zoning plan.
Learned counsel for the petitioner, at the outset, submits that prior to the institution of this petition, the petitioner had even served the respondent authorities with a legal notice dated 15.05.2024 (P-7), but to no avail.
Served with the advance copy of the petition, Mr. Sumeet Jain, Advocate with Ms. Sukhmani Patwalia, Advocate, is present in Court on behalf of the respondents. At the outset, on instructions, he submits, for the matter is pending consideration before the competent authority and final decision, as regards the concerns/grievances of the petitioner, is likely to be reached within a four weeks from today. Further, he submits that before any such orders are passed, the petitioner, through its authorized representatives, shall also be afforded an opportunity of hearing. And a formal communication in this regard will be issued to them, well in advance.
That being so, learned counsel for the petitioner submits that let the petition be disposed of in terms of the statement made by the learned counsel for the respondents.
DEEPAK KUMAR 2024.07.11 13:48 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh
C.W.P. No. 15542 of 2024 2
In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the parties, this petition is accordingly disposed of.
This Court is sanguine that the authority shall consider/examine the matter in the right earnest, and pass appropriate orders, within the time indicated by learned counsel for the respondents, assigning reasons in support thereof.
Needless to assert that this order shall not constitute an expression of opinion on the merits of the case of either party, for, as indicated earlier, the competent authority shall examine the grievances of the petitioners, strictly in accordance with law.
(ARUN PALLI) JUDGE
| (VIKRAM AGGARWAL) JUDGE |
||
|---|---|---|
| 10.07.2024 | ||
| deepak | ||
| Whether speaking/reasoned | : Yes/No |
|
| Whether reportable | : Yes/No |
DEEPAK KUMAR 2024.07.11 13:48 I attest to the accuracy and authenticity of this document P & H High Court, Chandigarh
1 issue framed by the court
Whether the Respondent Authorities will finalize the amount payable for additional Floor Area Ratio (FAR) and grant hearing to the Petitioner within four weeks?
Gurudwara Patshahi Dasween
Chandigarh Administration and others
Arun Palli
Vikram Aggarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
