B L BATRA Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) This order will dispose of Civil Writs Petitions No. 4935, 4143, 4225, 4226, 887-A, 4889 and 5757 of 1975. The facts of all the writ petitions are substantially the same, though the petitioners are different.

(2.) In Civil Writ No. 4935 of 1975 the facts are like these. The petitioner B.L. Batra is the transferee of shop-cum-office site No. 101, 102 and 103, in Sector 17-D, Chandigarh. He got a plan sanctioned for construction of a building thereon. The authorities found that the petitioner had made the following unauthorised material additions and alterations in the building constructed by him against the sanctioned plan and had thus committed breach of rule 5 of the Punjab Capital (Development and Regulation) Building Rules, 1952, (hereinafter the Rules) :-

(3.) The petitioner B.L. Batra has consequently filed Civil Writ No. 4935 of 1975 challenging the orders passed by the Union Territory authorities on various grounds being unconstitutional, illegal and bad. The petitioners in the remaining writ petitions also made unauthorised additions and alterations against the sanctioned plans in their buildings constructed by them in Section 17 and thus committed similar breach of rule 5 of the Rules. The Union Territory authorities resumed their sites and agree to restore the same to them on their paying capitalised value of the unauthorised construction. They have challenged these orders in their respective writ petitions.