GARIB NAWAZ HOTELS P. LTD. Vs. UT CHANDIGARH

JUDGEMENT

(1.) THE instant writ petition questions the sealing of the premises of Hotel running under the name and style of "World Hotel Turquoise" constructed by the petitioner in Industrial plot No. 29/7, Industrial Area, Phase -II, Chandigarh. The writ petition unfortunately discloses selective information giving an impression as if the premises has been sealed by the authorities without complying with the principles of natural justice.

(2.) THE facts as disclosed by Shri Sharma, learned Sr. Standing Counsel, UT Chandigarh are otherwise. The petitioner, despite the show cause notice(s) issued on 13.08.2013 or subsequently, had started commercial activities by setting up the hotel (i) without obtaining the occupation certificate; (ii) raising constructions (compoundable/non -compoundable) in violation of the sanctioned building plan; (iii) has converted the basement parking into a running restaurant; (iv) has not responded to the authorities with reference to the show cause notice and/or inspection carried out by them.

(3.) SINCE the petitioner has taken a candid stand before us that all the violations will be removed and the premises shall be used strictly in accordance with the Building byelaws and the sanctioned building plans, we direct in the interest of justice that the list of violations handed over to the petitioner's learned counsel in Court today be treated as a supplementary show cause notice to which the petitioner may give its reply -cum -explanation to the authorities. If the petitioner undertakes to remove all the violations, let that part of the building where the violations are to be removed be de -sealed. However, until the removal of all the violations the petitioner shall not be allowed to run any commercial activity. Once the building byelaws are complied with to the satisfaction of the authorities, the occupation certificate may be issued and the petitioner be permitted to run the commercial activities subject to a further condition that the authorities shall continue carrying out the surprise inspections to ensure that the petitioner does not indulge in any kind of violation again in future as well.