INDER SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for grant of a declaration that Sections 5, 11(1) and 12(2) of the Punjab New Capital (Periphery) Control Act, 1952 (for short, 'the Act') are unconstitutional. They have also prayed for quashing of the notices and orders issued by the Land Acquisition Officer, exercising the powers of the Deputy Commissioner, Chandigarh under the Act and to restrain the respondents from demolishing their built up structures.

(2.) A perusal of the record shows that the petitioners are lessees of the land situated within the periphery of Chandigarh. They are doing the business of different kinds including storage of Kabari articles, shuttering, installation of saw mills etc. They were served with the notices (Annexures P-1 to P-4) dated 2.7.1998 issued by the Land Acquisition Officer, exercising the powers of the Deputy Commissioner, Chandigarh under the Act for removal of the alleged unauthorised constructions. Thereafter, the Officer concerned passed orders (Annexures P-5 to P-8) dated 18.9.1998 for demolition of disputed construction on the ground that it had been raised in contravention of Sections 5, 6 and 11 of the Act.

(3.) IN the written statement filed on behalf of the respondents, it has been averred that the petitioners are guilty of raising structures in violation of the provisions of the Act and, therefore, orders for their demolition have been passed after giving them notices and opportunity of hearing.