LAWS(P&H)-1977-4-15

SHAM LAL Vs. THE UNION TERRITORY ETC.

Decided On April 29, 1977
SHAM LAL Appellant
V/S
The Union Territory Etc. Respondents

JUDGEMENT

(1.) SHAM Lal Petitioner has filed this writ petition in which he has challenged the notice, Annexure P -3, issued by the Assistant Estate Officer, exercising the powers of the Deputy Commissioner, Chandigarh, directing him to demolish the unauthorised construction and to restore the land to its original state. He has challenged the aforesaid notice on a variety of grounds as mentioned in the petition and has prayed that since that notice is wholly illegal, without jurisdiction and against the provisions of the Punjab New Capital (Periphery) Control Act, 1952 (hereinafter referred to as the Act) and the rules made thereunder, the same is liable to be quashed.

(2.) THIS writ petition came up for hearing before the single Bench. That Bench after hearing the counsel for the parties, referred the case for decision by a Division Bench, - -vide its following order passed on 30th September, 1976:

(3.) (1) The Deputy Commissioner shall within three months of the declaration under Sub -section (1) of Section 3 deposit at his office and at such other places as he considers necessary, plans showing the area declared to be a 'controlled area' for the purposes of this Act, signifying therein the nature of the restrictions applicable to the controlled area.