SADA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of 27 Civil Writs Nos. 415, 498, 775, 785, 1478, 1479, 1489, 1492, 1513, 1533, 1534, 1548, 1581, 1606, 1661, 1884, 1817, 2164 of 1977; 2658 of 1978; 267, 585, 812, 3698, 3920, 4048, 4332 and 4575 of 1979 as common questions are involved therein.

(2.) The petitioners in all the writs are residents of Mohali and Madanpur which fell in the controlled area under the Punjab New Capital (Periphery) Control Act 1952, (hereinafter the Act). They made constructions in the controlled area without obtaining permission of the Deputy Commissioner under Section 5 of the Act. Notices were thereupon issued to them under S. 12(2) of the Act to show cause why the unauthorised constructions made by them should not be demolished. The petitioners raised objections. The Deputy Commissioner, vide order dated December 3/6 1976, overruled the same and directed the demolition of the unauthorised constructions. The petitioners have filed the writs challenging this order of the Dy. Commissioner. In Civil Writ Petitions Nos. 1489 and 1684 of 1977, the peti4oners did apply to the Deputy Commissioner on August 9, 1971, to raise constructions but the permission was refused on October 19, 1971. In Civil Writ Petitions Nos. 415 and 1606 of 1977 the petitioners applied for such permission on September 24, 1968, but no order was passed within a period of three months and their applications were returned on January 6, 1969 and January 7, 1969 respectively.

(3.) Section 12(2) of the Act before in amendment in 1976 was challenged in Nand Lal v. The Estate Officer (1966) 68 Pun LR 947, and it was struck down as ultra vires on the ground that it vested an unregulated power in the Dy. Commissioner to make an order of demolition and was violative of Article 19 of the Constitution. Section 12(2) was thereafter amended by Punjab Ac1 No. 23 of 1976 and the amended sub-section reads: