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2026 Supreme(P&H) 205

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Chopra Hotels Pvt. Ltd., Jalandhar, through its Authorized Signatory Mr. Vivek Prakash Pandey and others - Petitioners
Versus
State of Punjab and others – Respondents
CM-3290-CWP of 2026 in/and CWP-5839 of 2026 (O/M)
Decided On : 16-03-2026

Advocates Appeared:
For the Petitioners:Mr. Chetan Mittal, Senior Advocate, Mr. Gaurav Chopra Senior Advocate assisted by Mr. Mayank Aggarwal, Mr. Prateek Gupta, Mr. Pranshu Goyal, Mr. Anmol Rai Garg, Mr. Swapnil Gupta, Mr. Harshit Gupta, Advocates.
For the Respondents:Mr. Navneet Singh, Additional A.G. Punjab Mr. Nirmaljit Singh Diwana, Senior DAG Punjab, Mr. Maninderjit Singh Bedi, Senior Advocate, Advocate General, Punjab assisted by Ms. Kavita Joshi, Mr. Sangam Garg, Advocates.

JUDGMENT :

HARSH BUNGER, J.

CM-3290-CWP-2026

1. This is an application filed under Section 151 CPC for placing on record certain documents as Annexure P-29 and Annexure P-30.

2. For the reasons mentioned in application, same is allowed and documents (Annexure P-29 and Annexure P-30) are taken on record subject to all just exceptions.

3. Application is accordingly disposed of.

CWP-5839-2026 (O/M)

1. Prayer in the instant civil writ petition filed under Article 226 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside :-

(i) order bearing reference No. MTP/2573, dated 13.02.2026 (Annexure P-1) ;

(ii) order bearing reference No. MTP/2574, dated 13.02.2026 (Annexure P-2) ; and

(iii) order bearing reference No. MTP/2575, dated 14.02.2026 (Annexure P-3) ;

all orders passed by learned Commissioner, Municipal Corporation, Jalandhar.

1.1 A further prayer has been made for issuance of a writ in the nature of certiorari for setting aside order dated 12.01.2026 (Annexure P-4) bearing reference No. H-U-11020/4/2026-4H1/I/1288959/2026, issued by respondent No. 1 (Principal Secretary, Government of Punjab, Department of Housing and Urban Development).

1.2 Another prayer has been made for issuance of a writ in the nature of mandamus directing respondent No. 3 (Municipal Corporation, Jalandhar) to re-consider the new building plan dated 13.02.2026 in accordance with Punjab Unified Building Rules, 2025 (in short '2025 Rules).

1.3 Yet another prayer has been made for issuance of a writ in the nature of certiorari for setting aside order dated 03.11.2025 (Annexure P-10), passed by learned Director, Local Government, Punjab, whereby prayer of petitioners for granting relaxation in the building bye-laws in respect of completion plan No. PB/JUC/JALAN/1553/COMP /OFFLINE, submitted by petitioners, has been declined.

2. Petitioner No. 1 (Chopra Hotels Pvt. Ltd.) is stated to be a part of the larger group “Punjab Kesari Group”. Petitioners No. 2 and 3 are stated to be owners of plot in question, situated at Police Lines, GT Road, Jalandhar, bearing khasra Nos. 26852/6228 (4-3), 26849/6227 (3-18). It is averred that petitioner No. 1 owns the building constructed on the aforesaid plot.

3. Briefly, petitioners No. 2 and 3 are stated to have applied for change of land usage (CLU) for the aforesaid plot from 'residential' to 'commercial' purposes, which appears to have been granted, vide order dated 11.09.2006 (Annexure P-6).

3.1 Thereafter, petitioners submitted building plan for construction of a hotel building on the aforesaid plot, which is stated to have been approved by Municipal Corporation, Jalandhar on 28.04.2011. As per approved building plan (Annexure P-7), the building comprises of nine floors (including three basements) with a front set back of 5280.25 square feet (20%).

3.2 It transpires that the construction of above referred hotel building on the aforesaid plot was completed in the year 2024 and on 31.07.2024, petitioners submitted a completion plan for approval before the competent authority; whereupon it was found that the front set back for the aforesaid building constructed by the petitioners was 15.37% instead of permissible 20%, as per applicable bye-laws.

3.3 Petitioners state that the aforesaid fact was brought to the notice of Municipal Corporation, Jalandhar, vide letter dated 26.09.2024 (Annexure P-8), whereby the petitioners requested for relaxation of front set back. The aforesaid request of petitioners for relaxation of front set back was forwarded by Municipal Corporation, Jalandhar to State Government, vide letter dated 27.09.2024 (Annexure P-9).

3.4 It transpires that vide communication dated 03.11.2025 (Annexure P-10), respondent No. 2 (Department of Local Government) informed Municipal Corporation, Jalandhar that the request of petitioners for relaxation of front set back stands denied.

3.5 Thereafter, Municipal Corporation, Jalandhar, vide its order dated 06.11.2025 (Annexure P-11), infor

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