Sawera Travels Pvt. Ltd. Through Its M.D. v. State Of Punjab And Others
In the aforementioned circumstances, the present writ petition has been filed before this Court, seeking relief(s) as noticed hereinabove. Response of Municipal Corporation, Amritsar to CWP-24856-2023: 4.
The stand of the Municipal Corporation, Amritsar, is that the
6.2 It is further averred that M/s Sawera Travels, vide letter dated
20.01.2023 (Annexure P-4), provided the following information:- "1. As per our submitted sanctioned building plan, we confirm that 2970.00 Sq. Ft. Carpet area will be provided with 28 feet frontage and completion certificate will be submitted in due course. It is also confirmed that we will indemnity bank upto extent of loss incurred in case any adverse situation arises due to sanctioned plan, myself and my company will be fully responsible in that case.
2. We confirm that new ATM cabin will be constructed (civil work) will be done by our side.
3. Certified copy of Rules and Regulations of Ramgarhia Educational Society is enclosed for your kind perusal.
4. We confirm that sufficient parking space will be provided and provision for placing DG set will also be provided without any additional cost."
6.3 It appears that the petitioner-Bank, vide letter dated 22.03.2023 (Annexure P-5), informed M/s Sawera Travels that their property had been shortlisted for shifting of the Branch office. The said letter, apart from other terms and conditions, contained the following conditions:- "* NOC from competent authority for commercial use of the premises should be obtained before execution of lease deed on Bank's standardized format.
* All the mandatory NOCs including NOC from Fire Department should be obtained and submit the same to the bank before execution of lease deed.
* Copy of Approved map of the building from competent authority should be submitted.
* Proper Fire Equipment should be present in the branch and Clearance from the Fire Department will be taken. * Copy of Completion certificate of the building should be provided by the lessors from competent authority before execution of lease deed and it will be kept in record with lease
deed.
* Lessors must have a clear title to the property for execution of lease deed."
6.4 It further appears that M/s Sawera Travels submitted an undertaking to the petitioner-Bank vide letter dated 12.07.2023 (Annexure P-6), relevant extract of which is reproduced as under:- "I ANIL SURRI S/O KIMTI LAL SURI R/O-25A, MAQBOOL ROAD AMRITSAR MANAGING DIRECTOR OF SAWERA TRAVELS PVT. LTD., 2230/1 KATRA BAGHIAN AMRITSAR being owners of property situated at #1680/1 (4301-4307), Old OBC Building, Adjoining Ramgarhia Education Society, Hall Bazar, Amrtisar to be leased out to the Punjab National Bank, B/O-Hall Bazar, Amrtisar hereby undertake that:-
1. We have clear title to the property being offered to the bank on lease.
2. We will provide space for Parking and GenSet without any additional cost/We can provide GenSet as per requirement/cost of the bank.
3. We will provide adequate Power Connection to the office at out cost.
4. We have No Objection for placing V-Sat Anteena/RF Tower/Connectivity Pole on the roof top of the premises without any additional cost. The lease shall include rooftop rights for installation of the VSAT.
5. We hereby provide Copy of Approved Map of Building (Copy Attached) to the Bank.
6. We hereby provides NOC for Commercial Use of Land/property from Competent Authority. (Copy Attached)
7. We hereby provides NOC for Fire Department (Copy Attached) and also undertakes to provide the same every year from own cost.
8. Proposed building has been constructed strictly in conformity with the byelaws.
9. Ramp facility has been provided at the entrance of the proposed premises at our cost.
10. Strong Room has been constructed as per Bank's specification.
11. ATM Room has been constructed as per Bank's specifications.
12. Provision for separate Toilets for Male & Female has been provided.
13. Provision for Safe Drinking water has been provided." 6.5 It is the pleaded case of the petitioner-Bank that being satisfied with the documents furnished by M/s Sawera Travels, a public notice dated 29.07.2023 (Annexure P-7) was issued, announcing relocation of its Branch to the aforesaid property of M/s Sawera Travels. It is further averred that prior to taking the premises on lease, the Bank carried out due diligence, whereafter, the petitioner-Bank entered into a Lease Agreement with M/s Sawera Travels through a registered Lease Deed dated 11.08.2023 (Annexure P-8). On the same date, M/s Sawera Travels also furnished an undertaking (Annexure P-9), declaring that no litigation was pending with respect to the property in question.
6.6 The petitioner-Bank states that pursuant to execution of the Lease Deed dated 11.08.2023, it relocated/shifted its Branch to the newly leased premises, took possession thereof and started banking operations from the said site. However, it is noticeable that the petitioner-Bank has not disclosed any specific date on which it started its banking functions from the aforesaid premises.
6.7 It is stated that on 12.10.2023, at about 6:30 P.M., officials of the Municipal Corporation visited the leased premises of the petitioner-Bank and sealed the same, without serving any prior Show Cause Notice or providing a copy of the sealing order either to the petitioner-Bank or to the
landlord - M/s Sawera Travels. The petitioner-Bank thereafter sent an e-mail dated 12.10.2023 (Annexure P-12) to M/s Sawera Travels, informing them about the sealing of the property and requesting them for making necessary arrangements to ensure smooth conduct of the banking operations. The petitioner-Bank is further stated to have submitted a representation dated 13.10.2023 (Annexure P-13) before the Municipal Corporation, seeking unsealing of the premises so as to avoid inconvenience to the public for banking purposes. On the same date, i.e. 13.10.
2023, the petitioner-Bank also addressed letter (Annexure P-14) to M/s Sawera Travels, inquiring whether any Show Cause Notice or order of sealing/demolition had been issued in respect of the property, and also, whether a Completion Certificate had been obtained from the competent authorities. 6.8 In response to the aforesaid letter dated 13.10.2023 (Annexure P-14), M/s Sawera Travels, vide communication dated 27.10.2023 (Annexure P-15), stated that they had not received any Show Cause Notice or any order of sealing/demolition. However, with regard to the Completion Certificate, it was informed that the same is issued only after completion of the entire construction, however, the building in question was still under construction.
6.9 It appears that on 13.10.2023 itself, upon consideration of the representation dated 13.10.2023 (Annexure P-13) submitted by the petitioner-Bank, the Municipal Corporation issued the impugned communication/letter dated 13.10.2023 (Annexure P-1), relevant extract of which is reproduced as under:- "With regard to above subject and reference, vide your request letter you have requested that you have followed due process before shifting the branch of bank to the ground floor of
building on lease captioned in the subject, and you have not deliberately violated any law. In this regard your are hereby informed that the aforementioned building in which the Bank has been shifted, the Municipal Corporation, Amritsar has conducted proceedings for demolition due to being unauthorized, and on 12-10-2023 it has been sealed. According to the Building Byelaws, no building can be put to use without obtaining completion certificate. However, you commenced the work of Bank without obtaining completion certificate of this unauthorized building, which was sealed by the Municipal Corporation on 12-10-2023. You have requested to open the seal of the Bank Branch on the basis of difficulties faced by the general public.
Since Bank is an essential service and due to it being sealed, the general public can face a lot of problems, therefore taking into consideration your request, Seal applied to Bank is opened on this condition that you shall be liable to shift the Branch within a period of 4 weeks (28 days) from the captioned building, and to inform the Corporation office. In case of violation of the aforesaid, the Bank Branch shall be sealed permanently."
6.10 Thereafter, the petitioner-Bank is stated to have approached the Municipal authorities vide letter dated 31.10.2023 (Annexure P-16) seeking copies of the Show Cause Notice, sealing order and other relevant documents; followed by an e-mail dated 02.11.2023 (Annexure P-17). 7.
In the aforementioned circumstances, the present writ petition has been filed before this Court, seeking relief(s) as noticed hereinabove. Response of Municipal Corporation, Amritsar to CWP-25169-2023: 8.
In CWP No.25169 of 2023, the stand of the Municipal Corporation, Amritsar, is that the petitioner-Bank has not approached this Court with clean hands and has concealed material information. It is contended that the advertisement dated 16.12.2022 (Annexure P-2) issued by
the petitioner-Bank as well as its subsequent communication with M/s Sawera Travels clearly indicated that the bidder was required to submit the Completion Certificate of the premises. It is further pointed out that M/s Sawera Travels, vide letter dated 20.01.2023 (Annexure P-4), informed the petitioner-Bank that the Completion Certificate would be submitted in due course. In the communication dated 22.03.2023 (Annexure P-5), whereby the petitioner-Bank informed M/s Sawera Travels regarding the shortlisting of their property, it was clearly indicated that M/s Sawera Travels would obtain the requisite No Objection Certificates from the competent authorities, including the Fire Department, for commercial use of the premises, and also that a copy of the Completion Certificate of the building should be furnished by the lessor - M/s Sawera Travels before execution of the Lease Deed.
8.1 It is stated that despite specific conditions, the petitioner-Bank proceeded to take the premises on lease without obtaining the requisite Completion Certificate from M/s Sawera Travels. Accordingly, it is contended that the petitioner-Bank is the author of its own wrongful act and conduct of having taken the premises on lease without ensuring the availability of a valid Completion/Occupancy Certificate from the competent authority.
8.2 It is further stated by the Municipal Corporation that M/s Sawera Travels was fully aware that the construction being raised at the site was not in consonance with the sanctioned building plan; and when action was contemplated against them, they approached this Court by filing CWP No. 12754 of 2023, which was disposed of vide order dated
02.06.2023, directing the Municipal Commissioner, Amritsar to consider the representation submitted by M/s Sawera Travels. 8.3 It is stated that in pursuance of the aforesaid order dated 02.06.2023, an enquiry was conducted and after due consideration of the matter, a detailed order dated 12.10.2023 (Annexure R-2/2) came to be passed. It is next submitted that thereafter M/s Sawera Travels filed another writ petition bearing CWP No.24856 of 2023 before this Court, however, in the said writ petition, there is no mention of the fact that a portion of the building had already been leased out to the petitioner-Bank. Accordingly, prayer has been made for dismissal of the writ petition. 9.
I have heard learned counsel for the respective parties and also learned Amicus Curiae - Mr. Rajeev Anand, Advocate. 10.
Upon consideration of the submissions/pleadings of the respective parties in both the writ petitions, the following questions arise for consideration before this Court:- (i) Whether the authorities under the Punjab Municipal Corporation Act, 1976 have the jurisdiction/power to direct sealing of the property?
(ii) Whether the order dated 12.10.2023 (Annexure P-10) impugned in CWP No.24856 of 2023 is liable to be quashed? (iii) Whether the letter/communication dated 13.10.2023 (Annexure P-1) impugned in CWP No.25169 of 2023 is liable to be quashed?
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269. Order of demolition and stoppage of buildings and works in certain cases and appeal. -
(1) Where the erection of any building or execution of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in Section 262 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act or bye-laws made thereunder, the Commissioner, may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than three days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition:
Provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order should not be made:
Provided further that where the erection or work has not been completed, the Commissioner may by the same order
or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection of work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section (2).
(6) Where no appeal has been preferred against an order of demolition made by the Commissioner under sub-section (1) or where an order of demolition made by the Commissioner under that sub-section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period
specified therein, or as the case may be, within the period, if any, fixed by the Court of the District Judge on appeal, and on the failure of the person to comply with the order within such period, the Commissioner may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.
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272. Completion certificate -
(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by byelaws made in this be half and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act:
Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted. - x - x -
274. Power to order building to be vacated in certain circumstances.-
(1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 272 be vacated forthwith
or within such period as may be specified in the order : Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according to the circumstances prevailing at that time permit."
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:- 2.145 Unauthorized construction: Means the erection or reerection, addition or alterations which is not approved or sanctioned by the competent authority.
3.14.7 Unauthorized Development In case of unauthorized development, the Authority shall take suitable action, which may include demolition of unauthorized works, sealing of premises, prosecution and criminal proceeding against the offender in pursuance of relevant laws in force. The municipal employees who by their act of commission or omission have allowed unauthorized constructions will be liable for similar action."
23.
All pending application(s), if any, shall also stand closed. 24.
Before parting, this Court places on record its deep appreciation for the valuable assistance rendered by the learned Amicus Curiae - Mr. Rajeev Anand, Advocate.
25.
Photocopy of this order be placed on the file of above mentioned connected case.