2025 Supreme(P&H) 824
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Sureshwar Thakur and Sudeepti Sharma, JJ.
Swaran Singh And Others – Appellant
Versus
state of punjab etc. And others – Respondent
CWP-19011-2008, CWP-7615-2010, CWP-14486-2013, CWP-14091-2013, CWP-14197-2013, CWP-17375-2013, CWP-15877-2013, CWP-17740-2013, CWP-17776-2013, CWP-17795-2013, CWP-17847-2013, CWP-17884-2013, CWP-18090-2013, CWP-19309-2013, CWP-19533-2013, CWP-20002-2013, CWP-2019-2014, CWP-2036-2014, CWP-2052-2014, CWP-25100-2013, CWP-2815-2014, CWP-2896-2014, CWP-4172-2014, CWP-5972-2014, CWP-9995-2014 and CWP-8977-2016
Decided on : 13-01-2025
Advocate Appeared:
For the Appellant :Mr. Akshay Bhan, Sr. Advocate with Mr. Rohit Nagpal, Mr. Anil Saini, Mr. Munish Gupta, Mr. Harpreet K. Gill, and Mr. Harmurad S. Gill Advocate
For the Respondent:Mr. Sanjeev Sharma, Sr. Advocate with Mr. Shekhar Verma, Mr. Rupinder Singh Khosla, Sr. Advocate with Mr. Yogender Verma, Mr. Balwinder Singh, Mr. Maninder Singh, Sr. DAG, Punjab.
JUDGMENT :
Sureshwar Thakur, J.
Since all the writ petition(s) involve common questions of facts and law, therefore, they are amenable to be decided through a common order.
2. However, the facts of each of the writ petition(s) are required to be separately delineated.
Facts of CWP-7615-2010
3. The petitioners herein seek the passing of a writ of mandamus for therebys making directions to the respondents to declare that the mixed land use, vis-a-vis the subject lands, which has now been changed by the respondents only for residential/commercial purposes, is illegal, unconstitutional and violative of Articles 14 and 19 of the Constitution of India.
4. Further, the vires of the Punjab Regional and Town Planning and Development Act, 1995, has also been challenged, thus on the ground that the same is violative of Articles 243 ZD and 243 ZF of the Constitution of India.
Facts of CWP-14486-2013
5. The petitioner herein prays for the quashing of the impugned order dated 26.06.2013 besides prays for a declaration that the Master Plan, rather is illegal, on the ground that the said has not been approved by the competent authority.
6. The petitioner was running a small scale industry since 1990. In the year 2012 one Darshan Singh filed CWP No. 8710 of 2012 with allegations that owing to the work in the petitioner's factory, cracks have developed in his factory. This Court directed the respondent to take cognizance of the representation made by Darshan Singh and to take necessary action. Thereafter, Chief Administrator GMADA vide order dated 21.12.2012 ordered the closure of the industry run by the petitioner. The said order was challenged by the petitioner through the filing of CWP-26234-2012, before this Court. The said writ petition was disposed of vide order dated 30.04.2013 by a Division Bench of this Court, relevant part of the said order is extracted hereinafter.
" (2) There is no denial to the fact that the entire area of village Balongi has been notified as 'Mixed Used Zone' wherein industrial activities are impermissible. The impugned order too directs the petitioner to shut down the industrial unit as he has not been given requisite approvals by various statutory authorities.
(3) Since the house of the private respondent appears to have been extensively damaged due to the industrial activities being run by the petitioner, various Authorities including GMADA were called upon by us.
(4) Mr. R.S.Khosla, learned counsel for GMADA on instructions informs that about 17 industrial units have been identified which are illegally operating in the 'Mixed Used Area' of village Balongi and all of them have been issued show cause notices calling upon them on 15.05.2013. No notice, however, has been issued to the petitioner presumably for the reason that the matter is sub judice before this Court.
(5) Since the statutory Authorities including GMADA have now come forward to take corrective measures, we dispose of this writ petition with a direction that let a show cause notice be issued to the petitioner also within two days who shall then appear before the Additional Chief Administrator GMADA on 15.05.2013 at 11.00 a.m.
7. On the basis of the afore order, the Addl. Chief Administrator, GMADA has passed the impugned order for closing the industry of the petitioner.
8. Further, in the said writ petition, various affidavits became filed by the authorities concerned, which become extracted hereinafter.
Relevant extractions of the affidavit of respondent No. 3 - Additional Chief Administrator, GMADA.
Relevant extractions of affidavit of Amandeep Nijjer, District Town Planner (Regulatory), GMADA.
2. That in the Civil Writ Petition No. 2019 of 2014 (M/s Dev Partap International V/s State of Punjab and Others) and other connected matters this Hon'ble Court vide order dated 04.02.2014 had passed directions to formulate a policy for rehabilitation of the industrial units, which are required to be shifted out of the Mixed Land Use Zone. The operative part of the said ord