Parveen Begum Vs. Chief Administrator Ut Chandigarh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1050937
CourtPunjab and Haryana High Court
Decided OnFeb-08-2013
AppellantParveen Begum
RespondentChief Administrator Ut Chandigarh and Others
Excerpt:
cwp no.2697 o”1. in the high court of punjab & haryana at chandigarh. cwp no.2697 of 2013 date of decision:8. 2.2013 parveen begum ..petitioner vs chief administrator, ut, chandigarh, and others respondents coram: hon'ble mr.justice satish kumar mittal. hon'ble mr.justice amol rattan singh. present: mr.n.k.vasudeva, advocate, for the petitioner ..satish kumar mittal, j. (oral) the petitioner, who is resident of tribune friend co-operative house building firs.society limited, sector 50-d, chandigarh, has filed the instant writ petition challenging the order dated 28.1.2013, annexure p-1, passed by the assistant estate officer exercising the powers of the chief administrator, chandigarh, ordering demolition of illegal construction raised by her. in the order, it has been alleged that the petitioner has illegally and unauthorizedly constructed the room by covering verandah/balcony. it is the case of the petitioner that she has not constructed any room by covering the verandah/balcony but she has only put iron grill to cover the verandah/balcony. petitioner has raised the disputed question of facts, which cannot be gone into the writ jurisdiction. in view of the above and the fact that assistant estate officer, chandigarh, has passed the impugned order in exercise of the powers of chief administrator, chandigarh, under section 15 of the capital of punjab (development and regulation) act, 1952, we dispose of this writ petition cwp no.2697 o”2. with liberty to the petitioner to make a representation to the chief administrator, chandigarh, raising her grouse. if any such representation is made against the order dated 28.1.2013, annexure p-1, within a period of one week, the chief administrator is directed to consider and decide the same expeditiously and preferably within a period of three months by passing a speaking order, in accordance with law. it will also be open for the petitioner to make a prayer for stay before the chief administrator regarding illegal demolition. till the representation is filed, no demolition shall take place. ( satish kumar mittal) judge 8 2.2013 ( amol rattan singh ) pk judge
Judgment:

CWP No.2697 o”

1. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

CWP No.2697 of 2013 Date of decision:

8. 2.2013 Parveen Begum ..Petitioner vs Chief Administrator, UT, Chandigarh, and others Respondents CORAM: HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL.

HON'BLE Mr.JUSTICE AMOL RATTAN SINGH.

Present: Mr.N.K.Vasudeva, Advocate, for the petitioner ..SATISH KUMAR MITTAL, J.

(Oral) The petitioner, who is resident of Tribune Friend Co-operative House Building FiRs.Society Limited, Sector 50-D, Chandigarh, has filed the instant writ petition challenging the order dated 28.1.2013, Annexure P-1, passed by the Assistant Estate Officer exercising the powers of the Chief Administrator, Chandigarh, ordering demolition of illegal construction raised by her.

In the order, it has been alleged that the petitioner has illegally and unauthorizedly constructed the room by covering verandah/balcony.

It is the case of the petitioner that she has not constructed any room by covering the verandah/balcony but she has only put iron grill to cover the verandah/balcony.

Petitioner has raised the disputed question of facts, which cannot be gone into the writ jurisdiction.

In view of the above and the fact that Assistant Estate Officer, Chandigarh, has passed the impugned order in exercise of the powers of Chief Administrator, Chandigarh, under Section 15 of the Capital of Punjab (Development and Regulation) Act, 1952, we dispose of this writ petition CWP No.2697 o”

2. with liberty to the petitioner to make a representation to the Chief Administrator, Chandigarh, raising her grouse.

If any such representation is made against the order dated 28.1.2013, Annexure P-1, within a period of one week, the Chief Administrator is directed to consider and decide the same expeditiously and preferably within a period of three months by passing a speaking order, in accordance with law.

It will also be open for the petitioner to make a prayer for stay before the Chief Administrator regarding illegal demolition.

Till the representation is filed, no demolition shall take place.

( SATISH KUMAR MITTAL) JUDGE 8 2.2013 ( AMOL RATTAN SINGH ) pk JUDGE