Silver City Residents Welfare Association v. State Of Punjab & ORS

CWP-7105-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-7105-2017 Date of Decision: April 05, 2017 Silver City (Main) Residents Welfare Association (Regd.), Zirakpur .....Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.P.S.Khurana, Advocate for the petitioner.

........

SURYA KANT, J.

The petitioner is a residents' Welfare Association of Silver City (main), namely, a residential colony developed by the respondent-private builders within the municipal area of Zirakpur, District SAS Nagar, Mohali. [2] The grievance of the petitioner-Association is that the Municipal Council, Zirakpur has illegally sanctioned the building plans for construction of Delhi Cabbridge School at Silver City Village on a plot measuring 5000 sq.yards in purported exercise of its powers under Section 189 of the Punjab Municipal Act, 1911 even though the sight is earmarked for a Nursery School only.

[3] We have heard learned counsel for the petitioner at length. The Meenu 2017.04.18 14:55 I attest to the accuracy and authenticity of this document chandigarh decision taken by the Municipal Council is appealable/revisable by statutory

CWP-7105-2017 -2authorities. We, thus, dispose of this writ petition with a direction to the Deputy Director, Department of Local Government, Punjab to consider the appeal, if any, submitted by the petitioner-Association and determine whether or not the above-mentioned sanction has been granted in accordance with law. If petitioner -Association is still dis-satisfied, it shall be at liberty to approach the State Government who shall in exercise of its revisional powers decide the above-stated controversy. The Deputy Director, Local Government is directed to decide the matter within a period two months by way of a reasoned order and after hearing the parties concerned. ( SURYA KANT ) JUDGE April 05, 2017 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.04.18 14:55 I attest to the accuracy and authenticity of this document chandigarh