T C GARG Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) (ORAL)

(2.) LEARNED counsel for the petitioner has placed reliance on order dated 5.10.2005 passed in C.W.P. No.9987 of 2004 along with bunch of other petitions. A copy of the order is taken on record as Mark `A'. LEARNED counsel for the petitioner states that he would be satisfied if an opportunity be given to the petitioner to re-agitate the matter before the highest authority and the matter be remanded back to that authority as has been done in the afore mentioned bunch of the petitions. It is admitted position that the petitioner is in occupation of the site for a long time and therefore the request made by learned counsel for the petitioner deserves to be disposed of in the same terms as was done by the Division Bench, while disposing of C.W.P. 9987 of 2004. It was noticed by the Division Bench that as a one time measure, in the peculiar facts and circumstances of those cases, the matter was being remanded back and the remand of the matter should not be construed by any of the parties, as a reflection on merits of the cases, which are put forward by either side. The afore mentioned contention has been noticed on the basis that remedy of review is not available under the Capital of Punjab (Development & Regulation) Act, 1952. The Division Bench after noticing the aforementioned factual position has observed as under: