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1980 Supreme(P&H) 65

J.M.TANDON
Sada Singh – Appellant
Versus
State Of Punjab – Respondent


JudgmentJudgment

1. This order will dispose of 27 Civil Writs Nos. 415, 498, 775, 785, 1478, 1479, 1489, 1492, 1513, 1533, 1534, 1548, 1581, 1606, 1661, 1684, 1817, 2164 of 1977, 2658 of 1978, 267, 585, 812, 3698, 3920, 4048, 4332 and 4575 of 1979 as common questions are involved therein.

2. The petitioners in all the writs are residents of Mohali and Madanpur which fell in the controlled area under the Punjab New Capital (Periphery) Control Act 1952, (hereinafter the Act). They made constructions in the controlled area without obtaining permission of the Deputy Commissioner under Section 5 of the Act. Notices were thereupon issued to them under S.12(2) of the Act to show cause why the unauthorised constructions made by them should not be demolished. The petitioners raised objections. The Deputy Commissioner, vide order dated December 3/6 1976, overruled the same and directed the demolition of the unauthorised constructions. The petitioners have filed the writs challenging this order of the Dy. Commissioner. In Civil Writ Petitions Nos. 1489 and 1684 of 1977, the petitioners did apply to the Deputy Commissioner on August 9, 1971, to raise constructions but the permission was refused
































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