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2013 Supreme(P&H) 1104

SANJAY KISHAN KAUL, AUGUSTINE GEORGE MASIH
Shalimar Estates Pvt. Ltd. – Appellant
Versus
Union Territory of Chandigarh – Respondent


Advocates:
Advocate Appeared
Mr. M.L. Sarin, Senior Advocate with Mr. Natin Sarin, Advocate for the petitioner
Mrs. Lisa Gill, Standing Counsel for U.T., Chandigarh with Mr. Komal Bir Gill, Advocate for the respondents

JUDGMENT

SANJAY KISHAN KAUL, CHIEF JUSTICE: (Oral)

1. The petitioner, M/s Shalimar Estates Private Limited, has filed the present writ petition under Articles 226 and 227 of the Constitution of India, seeking to assail the impugned Notice dated 24.6.2005 (Annexure P-20) purported to be only a show cause notice and the subsequent Notice dated 18.10.2005 (Annexure P-28) under Section 12 (2) read with Section 15 of The Punjab New Capital (Periphery) Control Act, 1952 (hereinafter to be referred to as “the said Act”) directing the petitioner to remove the unauthorised construction on the site in Abadi of village Sarangpur, U.T., Chandigarh.

2. The petitioner-Company is stated to have purchased 11 Kanals and 17 Marlas of land vide three registered sale deeds executed on 10.11.1999, 8.12.1999 and 10.3.1999 along with delivery of possession. On demarcation by Deputy Commissioner, Chandigarh, the demarcation report dated 18.9.2000 was prepared whereby the land was found to be situated in Abadi/Lal Dora. The petitioner proposed to construct the building of residential flats and applied to the LAC, exercising the powers of the Deputy Commissioner under the said Act, for obtaining NOC for gran















































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