LUXMI EDUCATIONAL TRUST Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition is directed against order dated 17.12.2007 (P-1) passed by the Chief Town Planner, Punjab-respondent No. 3 alleging that the site for educational purposes in village Majatri, Tehsil Kharar, is covered by the Chandigarh Periphery controlled Area and a notification in that regard has been issued on 20.1.2006. The petitioner-Trust has also prayed for quashing notification dated 20.1.2006 alongwith its Annexure-B on the ground that it is wholly arbitrary, discriminatory and infringes the fundamental right of the petitioner-Trust guaranteed by Articles 14 and 21 of the Constitution.

(2.) BRIEF facts of the case necessary for disposal of the instant petition are that the petitioner is a registered Trust created with the object to establish schools, colleges, commercial, medical and engineering education centres. On 16.1.2004, the petitioner-Trust took the land on lease for a period of 99 years at village Majatri, Tehsil Kharar, District Ropar (now in District Mohali), vide registered sale deed (P-4 and P-5). Thereafter on 23.6.2004, the petitioner-Trust moved an application alongwith all the necessary documents under the provisions of the Punjab Regional and Town Planning and Development Act, 1995 (for brevity, 'the Act') seeking permission to change the use of agricultural land for establishing educational institution (P-6). It is claimed that Pollution Control Board and Forest Department have issued no objection certificate to the respondents. The respondents did not reject the application within the statutory period of 60 days and the petitioner taking the advantage of 'deeming provision' of Section 81(7) of the Act, started construction work of the college as per the building plans enclosed with the application whereby permission to change the land use was applied. The site plan and building plan have been placed on record (P-7 and P-8). The institute is stated to be located on Landran-Sirhind road and is about 200 meters away from the main road. It is claimed that there is no connecting public road measuring 22'-6' abutting the institution and goes to the village Markan and, therefore, there is no violation of the provisions concerning 'controlled area'. The no objection certificate by the Education Department, Punjab, has also been granted on 27.12.2004 (P-9). The petitioner-Trust has also obtained recognition in terns of Section 14(1) of the National Council for Teacher Education Act, 1993 (for brevity, 'the 1993 Act'), which is necessary to open a B.Ed. college. Accordingly, the petitioner-Trust has opened Guru Nanak Dev College of Education. The institution is affiliated to the Panabi University, Patiala, as per the approval given on 18.7.2005 (P-10), which has been granted after due inspection and completion of all formalities. The institution has 300 students studying there apart from teaching and non-teaching staff.

(3.) THE claim of the petitioner-Trust has been contested by filing written statement by respondent Nos. 1, 2 and 3. The broad factual narration has not been disputed. However, it has been asserted that the application of the petitioner-Trust for change of land use was examined and was rejected because the approach to the site of the building belonging to the petitioner-Trust was through 19ft. wide road and the width of approach road that an educational institution require has to be minimum 40ft. wide. It has also been claimed that the site is not a single compact unit but is bifurcated into two parts by the approach road. A copy of the field report has been attached (R-1). It is further claimed that the GMADA-respondent No. 4 is the competent authority to order demolition and any construction within the Periphery Controlled Area was to be regulated by the provisions of the Periphery Act.