SOHAN SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) THE present writ petition under Articles 226 and 227 of the Constitution of India filed by Sohan Singh and others is directed against the orders of the respondents specified in the writ petition relating to the construction on S.C.O. No. 57 -58 -59, Section 17 -C, Chandigarh.

(2.) THE relevant facts of the case, in short, are that the property detailed above was purchased by petitioner Nos. 1 to 7 along with some other persons from Ranjeet Singh Grewal etc. vide sale agreement dated July 3, 1974. Before the execution of the sale in favour of the vendees could take place, the original owners, namely, Ranjeet Singh Grewal and others (vendors) applied for a 'No Objection Certificate' from the Chandigarh Administration which was issued on May 13, 1974, copy of which is Annexure P -1 to the writ petition. The vendees started the construction of laying of slabs etc. in September, 1976. On September 13, 1974, the Estate Officer issued a notice under section 15 of the Capital of Punjab (Development and Regulation) Act, 1952, (hereinafter referred to as Act), stating therein that the construction on the site was in contravention of rule 5 of the Punjab Capital (Development and Regulation) Building Rules, 1952 (hereinafter referred to as the rules). Another notice dated September 30, 1974, was issued stating therein that petitioner Nos. 1 to 7 along with other owners had laid the slabs over the basement under the public verandah on both sides which was also in contravention of rule 5 of the Rules. The petitioners replied to the notice explaining therein that the 'No. Objection Certificate' dated May 13, 1974, issued by the Estate Officer validated the violation, if any, of the building rules and further prayed for the composition under second proviso to section 15 of the Act which prayer was declined by the Administration. The petitioners moved a review petition for composition but did not succeed. Petitioner Nos. 8 to 21 purchased half share of the property from Om Parkash Gupta etc. vide sale deed dated January 31, 1975. On March 27, 1975, the petitioners received another notice from the Administration wherein the contravention with regard to the construction of basement under the verandah, doors openings and partition walls etc. were mentioned. This notice was replied to explaining that no contravention of any provision of the Act or the Rules had been made and further they may be treated at par with similar other cases in the matter of composition. The Authorities did not agree with the explanation given by the petitioners not to compound the violations and passed orders for the demolition of the building. The petitioners, finding no other remedy to meet their demand, have filed the present writ petition praying for the quashing of the notices issued to them and further to direct the respondents to compound the violations, if any, under the second proviso to section 15 of the Act.

(3.) ACCORDING to the respondents, the following violations have been committed by the petitioners in the matter of construction of the building : -