142 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 17.11.2025 Anil Kumar ...... Petitioner Versus State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Prateek Pandit, Advocate for the petitioner.

Mr. Abhimanyu Antil, DAG Haryana.

-.- -.-

HARSH BUNGER, J. (ORAL)

1. Prayer in this civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of mandamus for directing respondents No. 2 and 3 to take strict and legal action against respondent No. 4 (Mamta Devi) for not complying with order dated 25.09.2025 (Annexure P-7), passed by learned Commissioner, Municipal Corporation, Hisar.

2. Briefly, petitioner is stated to be running his business in shops constructed over Plot No. 5-C and Plot No. 6, situated at Model Town, Near Industrial Area, Tehsil and District Hisar. It is stated that earlier the aforesaid plot No. 6 was purchased by mother of the petitioner and plot No. 5-C was purchased by petitioner; however, subsequently, the said shops were transferred in the names of petitioner's sons. Therefore, presently, said shops/plots are owned by petitioner's sons, namely, Anubhav and Ayush. It is stated that respondent No. 4 (Mamta Devi) is owner of adjoining Plot No. 7, wherein her husband (Sajjan Kumar-respondent No. 5 herein) is running the business of hardware material.

2.1 It is the case of petitioner that on 30.08.2025, respondent No. 4 (Mamta Devi) and her husband (Sajjan Kumar-respondent No. 5) started illegal construction work in the basement of their aforesaid plot without taking requisite approval/permission from Municipal Corporation, Hisar and on account of such illegal construction, the water had seeped in the foundation of the shops of the petitioner and resultantly, the shops possessed by the petitioner developed huge cracks in the walls and roofs at ground floor, first floor as well as terrace on second floor.

2.2 It transpires that the petitioner submitted a complaint dated 06.09.2025 to Municipal Corporation, Hisar for taking action against respondent No. 4 for illegally constructing/digging the basement in Plot No. 7; whereupon a Notice dated 08.09.2025 (Annexure P-5) under Sections 250, 261, 262, 263-A of Haryana Municipal Corporation Act, 1994 (in short '1994 Act') was issued to respondent No. 4, however, no reply thereto was submitted by respondent No. 4; whereupon learned Commissioner, Municipal Corporation, Hisar, passed an order dated 15.09.2025 (Annexure P-6), directing sealing of the building of respondent No. 4 under Section 263-A of 1994 Act.

2.3 It transpires that subsequently respondent No. 4 appeared in the aforesaid proceedings before learned Commissioner, Municipal Corporation, Hisar; and submitted her affidavit. Upon considering the same, learned Commissioner, Municipal Corporation, Hisar, passed an order dated 25.09.2025 (Annexure P-7), the relevant extract of which reads as under :-

“I have heard both the parties. On perusal of the report and records submitted by the Junior Engineer, it was found that Smt. Mamta Devi wife of Shri Sajjan Kumar of Industrial Area, Near Jindal Flyover, Delhi Road, Hisar, has illegally constructed basement and ground floor without getting the map approved from this office, which is not compoundable.

Therefore, in view of the request of the building owner, I, in exercise of the powers conferred under Section 263A(2)(a) of the Haryna Municipal Corporation Act, 1994, pass an order to unseal the above building, subject to the condition that the building owner removes non-compoundable irregularities within one month and gets the building map compounded from the Municipal Corporation office, and deposits a bank draft of Rs. 50,000/- as security deposit in the Municipal Corporation office. If the orders are not complied with within the stipulated time period, the said security deposit will be forfeited and without any further correspondence, t