KOMAL KHANNA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This PIL has been filed seeking directions to seal and demolish the structure alleged to have been illegally raised by respondent No.9 for the purpose of a showroom. According to petitioner, the building in question was sealed on 27.7.2011 but was again de-sealed on 10.9.2011 and thereafter the respondent No.9 has been carrying on his business activities from the said showroom. The Municipal Corporation, Ludhiana has filed an affidavit in the case wherein it is, inter alia, stated that a notice under Section 269/270 of the Punjab Municipal Corporation Act, 1976 (hereinafter referred to as 'the Act) has already been issued to the respondent No.9 and further action as contemplated by the provisions of the Act will be taken.

(2.) Though the learned counsel for the private respondent i.e. respondent No.9 has prayed for some time to file a reply, we do not consider it necessary to adjourn the case any further in view of the order that we are proposing to pass. As the respondent No.9 has been served with a notice under Sections 269/270 of the Act, naturally, he will be entitled to file his reply. Furthermore, in para-7 of the affidavit filed by Municipal Corporation it has been stated that further action, if any, against respondent No.9 will be taken only in accordance with law and in strict conformity with the provisions of the Act.

(3.) In view of above, we are of the view that the writ petition should be disposed of with a direction that the respondent No.9 may file his reply and thereafter necessary action, if any, against the said respondent will be taken only in accordance with law and after hearing the said respondent.