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2011 Supreme(P&H) 1787

K.KANNAN
Municipal Committee Garhshankar – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. K.S. Sidhu, Senior Advocate, with Mr. G.S. Sidhu, Advocate, for the petitioner.
Mr. Navdeep Sukhna, DAG, Punjab for the respondent State

JUDGMENT

K. Kannan, J.

1. The petitioner is a Municipal Committee, Garhshankar and it had established a bus stand on the property which was under the control of the Administrator, New Mandi Township at Sector 22-C, Chandigarh. The Mandi Commissioner had objection to the construction of a bus stand with several shops without securing permission from the Administrator, as required in the letter of allotment issued to the Executive Officer, Municipal Committee, Garhshankar on 07.11.1984. The ground for directing removal of the construction was that the Municipal Committee never got the plan prepared from the Town Planner nor got the approval from the Colonization Department.

2. The petitioner would contend that the order of demolition was clearly wrong since the Director, Colonization had no power under the Regulation of Colonization Act of 1975 to reject the site plan submitted to the authorities. Since the bus stand was established by the Municipal Committee, the Municipal Committee itself had the jurisdiction over the area and it had full power to make bye-laws for construction or re-erect of the buildings under Section 189-190 of the Punjab Municipal Act of 1911. Since the petitio





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