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Monday, July 23, 2018

HC disposes of petitions against demolition orders

Refusing to interfere in a petition filed by residents of Banur challenging the demolition orders of their buildings,the Punjab and Haryana High Court has disposed of the petitions filed by the residents.

Written by Express News Service | Chandigarh | Published: May 3, 2012 3:04:57 am

Refusing to interfere in a petition filed by residents of Banur challenging the demolition orders of their buildings,the Punjab and Haryana High Court has disposed of the petitions filed by the residents. The orders were passed by a division bench comprising Justice Hemant Gupta and Justice A N Jindal on three separate petitions.

The petitioners had stated that they were the owners of the land on which they had constructed residential/ business premises/ shops prior to November 22,1995. The petitioners further stated that under the garb of a notification dated November 22,1995,issued by the Punjab government,officers of the Banur Municipal Council had issued notices to them in May 2008,asking them to vacate their premises so that in accordance with the notification (dated November 22,1995),the Chandigarh-Patiala Road,within the area of Banur Municipal Council,may be widened.

The petitioners had sent a reply in the shape of a legal notice. No decision was ever taken by the Banur Municipal Council.

The grievance of the petitioners is that without passing an order in pursuance to the said showcause notices,the respondents have caused a publication in the locality for demolition of the buildings. Advocate H C Arora appeared on behalf of the petitioners.

Refusing to interfere,the High Court has ruled,“Prima facie,we do not find any ground to interfere at this stage. It is suffice to state that the respondents are required to pass an order before carrying out the demolition in pursuance of the showcause notices issued. In view of the said fact,the present writ petitions are disposed of with the hope that the respondents shall not resort to demolition without passing an appropriate order in pursuance of the showcause notices issued.”

The petitions were disposed of.

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