RAJINDER GARG Vs. MUNICIPAL COMMITTEE AND ANR.

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the short point for decision by this Court is, as to whether a sanction for constructing a building granted by the Municipal Committee can be withdrawn under Sec. 193 -A of the Punjab Municipal Act, 1911, or not.

(2.) The Petitioner through his General Attorney applied to the Municipal Committee, Patiala, for sanction of the plan for construction of a shop -cum -office. Along with the necessary plan, the requisite fee of Rs. 50 was also deposited on 3rd April, 1987. The Municipal Committee, after examining the application, issued the necessary building construction permit to the Petitioner on 8th April, 1987 requiring him to construction the building strictly in accordance with the plan. Thereupon, the Petitioner started digging the foundation and necessary construction of the building when on 21st April, 1987, he was informed that under orders of the Administrator sanction of the plan already granted by the Municipal Committee was withdrawn under Sec. 193 -A of the Punjab Municipal Act, 1911. This order of the Municipal Committee, Patiala, dated 21st April, 1987 (Annexure P.4), is sought to be quashed by the Petitioner in this petition on the ground that neither the Municipal Committee was competent in law to withdraw the sanction for construction of the building once the same had been granted under Sec. 189 of the said Act, nor was the ground on which the same had been withdrawn existent or relevant to such withdrawal.

(3.) In reply to the writ petition filed by the Municipal Committee, the impugned order is sought to be justified on the ground that the plan for construction of the building submitted by the Petitioner's attorney could not be entertained by the Municipal Committee because the area known as 'Lila Bhawan', in which the plot of the Petitioner was situated, stood reserved for special purposes in the Town Planning Scheme sanctioned under Sec. 192 of the Punjab Municipal Act. Further, according to the Municipal Committee as the entire area in the Town Planning Scheme of ila Bhawan' had been declared as unbuilt area, a Town Planning Scheme in respect of that area had been prepared under Sec. 192 of the Punjab Municipal Act. Therefore, the then Executive Officer of the Municipal Committee was not competent to entertain the application of the Petitioner for sanction of the building plan. Regarding the applicability of Sec. 193 -A of the Act, it has been admitted that the said provision was not applicable to the facts and circumstances of the case. However, it is stated that mention of Sec. 193 -A was only a typographical mistake and in fact the impugned order had been passed under Sec. 193 of the Act to which provision the order was otherwise also attributable.