MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for quashing of the order Annexure P-5 dated 4.3.1999 passed by the Collector-cum-Executive Engineer, R&B Division, P.W.D. (B&R Branch), Jalandhar Cantt. by which he has been asked to determine the alleged unauthorised construction raised by him.

(2.) A perusal of the record shows that after issuing notice under Section 143(1) of the Punjab Regional Town Planning and Development Act, 1995 (hereinafter referred to as 'the Act'), the authority concerned passed the impugned order on the premise that the construction raised by the petitioner is unauthorised.

(3.) The main ground on which the petitioner has assailed the legality of the impugned order is that he was not given a reasonable opportunity of hearing and that the said order is not a speaking order.