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(2023) Law Today Live Doc. Id. 17695 = 2023(1) L.A.R. 522
Decided on: 03.03.2023
Present:
Mr. Gurcharan Dass, Advocate for the petitioner.
Mr. Ferry Sofat, Addl. A.G. Punjab, for respondent Nos.1 and 2.
Punjab Municipal Corporation Act, 1976 (42 of 1976), Section 246-A -- Ludhiana Municipal Corporation Building Bye-Laws, 1997, Bye-law 2(lix) -- Constitution of India, Article 226 -- Illegal and unauthorized commercial constructions – Removal of -- Writ of mandamus -- Case of the petitioner that construction is against the provisions of Chapter XIV of “Building Regulations” of the Punjab Municipal Corporation Act, 1976 and the Ludhiana Municipal Corporation Building Bye-Laws, 1997 -- Writ Petition disposed of with directions to Commissioner, Municipal Corporation to look into the representation and after considering the same take appropriate action as expeditiously as possible in accordance with law after giving due opportunity of hearing to the petitioner as well as the persons against whom the action is sought to be taken.
(Para 1-4)
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VIKAS BAHL, J. (ORAL) –
1. This is a Civil Writ Petition filed under Articles 226/227 of the Constitution of India for issuance of a writ, order or direction especially in the nature of mandamus directing respondent Nos.1 to 3 for taking action against the illegal and unauthorized commercial constructions, P.G./Hotel and other businesses/constructions raised by respondent Nos.7 to 11, which as per the case of the petitioner is against the provisions of Chapter XIV of “Building Regulations” of the Punjab Municipal Corporation Act, 1976 and the Ludhiana Municipal Corporation Building Bye-Laws, 1997.
2. Learned counsel for the petitioner has submitted that for the grievances raised by the petitioner, the petitioner has given a representation dated 24.11.2022 (Annexure P-19) to respondent No.3-Commissioner, Municipal Corporation, Ludhiana and has further submitted that the petitioner would be satisfied, in case, respondent No.3 considers the same in accordance with law and takes appropriate action with respect to the same as expeditiously as possible and in accordance with law.
3. Keeping in view the abovesaid facts and circumstances and the prayer made by learned counsel for the petitioner, the present Civil Writ Petition is disposed of with directions to respondent No.3-Commissioner, Municipal Corporation, Ludhiana to look into the representation dated 24.11.2022 (Annexure P-19) and after considering the same, in accordance with law, take appropriate action as expeditiously as possible in accordance with law.
4. The Commissioner would consider the representation dated 24.11.2022 (Annexure P-19) after giving due opportunity of hearing to the petitioner as well as the persons against whom the action is sought to be taken.
Order accordingly.
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