Tower Vision India Pvt Ltd And Another v. State Of Punjab And Another

CWP-22365-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-22365-2024 Date of Decision: 09.09.2024 M/S Tower Vision India Pvt. Ltd. and another ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Alankar Narula, Advocate and Mr. Gulshan Moudgil Advocate for the petitioners.

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab. Mr. Amandeep Singh Manaise, Advocate for respondent No.2-Municipal Corporation.

*** HARSH BUNGER, J. (Oral) The present petition has been filed under Articles 226/227 of the Constitution of India inter alia seeking a writ in the nature of Certiorari to quash the Show Cause Notice/ Office Memo No.231, dated 06.05.2024 (Annexure P-8), issued by respondent No.2 (Municipal Corporation, Amritsar) whereby, the petitioner was called upon to produce the documents regarding approval of a mobile tower which is stated to have been installed on the roof of the house of petitioner No.2 (Balwinder Singh). 2.

Learned counsel for the petitioners submits that in response to the show cause notice dated 06.05.2024, the petitioner has already submitted HIMANI GUPTA 2024.09.10 12:23 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-22365-2024 -2a detailed reply dated 08.05.2024 (Annexure P-9) however, without considering the said reply, the Municipal Authorities were proceeding with the demolition of the mobile tower.

3.

Learned counsel for respondent No.2 on instructions from Mr. Manish Arora, Building Inspector, MTP Department, Municipal Corporation, Amritsar submits that the Municipal Town Planner, Municipal Corporation, Amritsar would afford an opportunity of hearing and pass a speaking order before taking any further action in pursuance of show cause notice dated 06.05.2024 (Annexure P-8).

3.1 It is submitted that till the time the matter is finally considered and decided by the Municipal Town Planner, the Municipal Corporation, Amritsar shall not proceed against the petitioner in respect of the mobile tower. It is further submitted that the concerned Officer shall send a written notice to the petitioner calling him for personal hearing in the Office of Municipal Town Planner within a period of 10 days from today. 4.

In view of the statement made by learned counsel for respondent No.2, learned counsel for the petitioner submits that he does not press the instant petition any further.

5.

In view of the aforesaid submissions made by the respective counsel, the petition is disposed of, accordingly. 6.

All pending application(s), if any, shall also stand closed. 09.09.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.09.10 12:23 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh