MADHU BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have been constrained to approached this Court as in pursuance to the letter dated 26.05.2017 (Annexure P-9), whereby the Executive Officer, Municipal Council, Naya Gaon had sought the police assistance from the Deputy Commissioner, Mohali for the purpose of carrying out the demolition of the alleged illegal construction identified as per the alleged survey reflected in Annexure P-11.

(2.) Mr. Puneet Bali, learned Senior Counsel assisted by Mr. Vibhav Jain, learned counsel appearing on behalf of petitioners in CWP No. 12280 of 2017, Mr. Sanjay Kaushal, learned Senior Counsel assisted by Mr. Arjun Shukla, learned counsel appearing on behalf of the petitioners in CWP No.12284 of 2017 and Mr. K.S. Khehar, learned counsel appearing on behalf of the petitioners in CWP No. 12355 of 2017, submits that in the alleged survey, the petitioners were never associated or joined, much less, given any show cause notice to apprise whether the construction is not in consonance with the site plan or master plan as promulgated way back in the year 2006 as the portion shown in the yellow colour in the master plan i.e. Final Zonal Plan -B, has been dedicated as residential zone. All the houses of the petitioners are constructed in the residential zone, therefore, there cannot be said to be illegal construction. Moreover the orders dated 14.03.2011 and 14.05.2012 passed by this Court were further clarified by the Honourable Supreme Court in SLP (Civil) No.17889 of 2012 in the following manner:-

(3.) Mr. Yatinder Sharma, Addl. A.G., Punjab accepts notice on behalf of respondent Nos.1 & 3 in CWP No.12280 of 2017, respondent Nos.1 to 4 in CWP No.12284 of 2017 and respondent Nos.1 & 2 in CWP No.12355 of 2017.