PARAGON ACADEMIC AND CULTURAL SOCIETY, SAS NAGAR, MOHALI AND ANR. Vs. PUNJAB URBAN PLANNING & DEVELOPMENT AUTHORITY, CHANDIGARH AND ORS.

JUDGEMENT

(1.) On December 1, 1999, the petitioners were allotted land for the purpose of running schools. The copies of the letters of allotment are at Annexures P -10 and P -15 with the writ petition. Even prior to making the allotment, it was noticed that a "gas godown exists at the site. The possession of that portion of the land shall be given to the concerned society after shifting it. The petitioner alleges that despite allotment having been made in December 1999, it was unable to start construction as trees and electric poles existed on the land. The petitioners represented to the authorities that the godown be get removed and that the electric wires as also trees be removed so that the construction work could be started. Having failed to get the requisite relief, the petitioners have now approached this Court with primarily a two -fold prayer. Firstly, the petitioners pray that respondent Nos. l and 2 should be directed to get the gas godown removed. Secondly, the petitioners pray that the payment of instalments be deferred till complete possession of the land is given after removal of the electric poles and the trees.

(2.) Despite opportunity, no written statement has been filed on behalf of respondent Nos. 1 and 2. Reply has been filed on behalf of respondent No. 3 only viz. M/s Chahal Gas Agency.

(3.) Mr. Arun Jain states that the third respondent has a piece of land. The godown shall be shifted within four months from today.