PICCDALY HOTELS P LTD Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The questions which arise for adjudication in this petition is whether the construction of 11KV Grid Sub Station in Sector 34-A, Chandigarh is contrary to the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as the Act) and the Rules framed thereunder and whether a writ in the nature of prohibition deserves to be issued at the instance of the petitioners for restraining the respondents from constructing the said electric substation.

(2.) At the outset, we may notice the relevant facts:

(3.) In the written statement filed by them through Shri Balbir Singh, Executive Engineer, Electricity Construction Division, the respondents have averred that detailed planning of Sub City Centre in Sector 34-A was not finalised till 1973 but keeping in view the requirement of the general public for a cinema house, the site in question was sold in the open auction as per plan Annexure R.4/1 which was displayed at the time of auction. According to them, land use of the area marked as parking site could be changed to meet the future of the Sector and no illegality has been committed by permitting construction of 11 KV Grid Sub station. They have further averred that the land which has been used for this purpose was not meant for parking and only the metalled portion of the land is being used for the purpose of parking for the last about 25 years. Still further, the respondents have averred that the Zoning Plan has not been prepared, for Sub City Centre, Sector 34-A, Chandigarh and the petitioners do not have any locus standi to seek a restraint order against the construction of electric Sub Station which will benefit the people living in the area.