PARMOD SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the instant petition filed under Articles 226/227 of the Constitution of India, the petitioners pray for issuance of a writ in the nature of certiorari for quashing the Chandigarh Administration (Erection and Reerection of Buildings) Rules, 2006 (in short, "the 2006 Rules") and also the Chandigarh Administration (Erection and Re-erection of Buildings) (Ist Amendment) Rules, 2007 (in short, "the 2007 Rules") having been framed by the Chandigarh Administration being without any authority of law and by usurping the legislative powers vested in the Central Government by virtue of the provisions of the Punjab Reorganisation Act, 1966 and the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and concurrent Subjects) Order 1968. Further prayer has been made for a direction to the respondents to consider the request of the petitioners to raise construction of a retail Mall-cum-Business Complex on plot measuring 8 bighas 14 biswas situated at Village Shahpur in view of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 which has been made applicable to the Union Territory, Chandigarh by the Central Government read with the notification dated 19.9.2006 issued by the Chandigarh Administration.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioners are absolute owners of the land measuring 8 bighas 14 biswas situated at Village Shahpur, Chandigarh. They purchased the land vide registered sale deeds dated 9.6.2003 and 8.2.2008 respectively for the purpose of erecting and setting up a retail Mall-cum-Business Complex. They are the Directors of M/s YKM Infrastructures Pvt. Limited. They submitted an application dated 7.4.2008 to respondent Nos. 5 and 6 for grant of permission for the above-stated purpose. Thereafter, the petitioners submitted representations and reminders to the authorities from time to time on 9.4.2008 and 9.5.2008 but they have not received any response. According to the petitioners, the respondent administration has been exceeding its powers by usurping the legislative power of the Central Government/Parliament and thereby enacting various rules which are beyond the legislative competence of the UT Administration. Grievance of the petitioners is that the UT Administrator has no power to frame 2006 Rules nor has any power to amend the same. Once the Municipal Corporation Act, 1996 has been extended to UT Chandigarh by the Parliament, then the provisions of the said Act would apply and rules if any can also be framed by the Parliament/Central Government. Hence the instant writ petition by the petitioners.

(3.) We have heard learned counsel for the parties and perused the record.