Baldev Singh and others vs Punjab Urban Planning and Development Authority, Punjab and others

M.M. Kumar, J.—The prayer made in the instant petition filed under Article 226 of the Constitution is for quashing order dated 16.1.2007

(Annexure P21) passed by the Appellate Authority directing PUDA to issue completion certificate and pass layout plan of Amrit Nagar Colony,

Amritsar after excluding the area measuring 8 Kanals relating to Gurjit Singh son of Avtar Singh. A further prayer for quashing orders dated

29.5.2007 (Annexure P23) and 24.7.2007 (Annexure P25) has also been made.

It is not disputed that the appellate Authority while exercising jurisdiction under Section 33 of the Punjab Apartment and Property Regulation

Act, 1995 (for brevity `the Act'') did not hear the petitioners nor notices were issued to them, who were admittedly party to the appeal. The

impugned decision of the Appellate Authority dated 16.1.2007 (P21) has been taken at the back of the petitioners. It is appropriate to mention

that the total land on which colony has to be developed is measuring 305 Kanals 15 Marlas and respondent No. 2 has share to the extent of 17

Kanals 5 Marlas. It is further not disputed that the review petition was filed by the petitioners against the appellate order dated 16.1.2007 (P21)

and the same was dismissed by the Secretary to Government of Punjab, Department of Housing and Urban Development Chandigarh (Mr. Arun

Goel) vide order dated 29.5.2007 (P23). Thereafter, the petitioner invoked revisional jurisdiction under Section 34 of the Act (Annexure P24).

Even the revision petition has been dismissed by the same officer (Mr. Arun Goel) vide order dated 24.7.2007 (P25). The same officer had

dismissed the review petition filed by the petitioners on 29.5.2007 (P 23).

It is not understood as to how the Appellate Authority as well as the Revisional Authority could be the same. It cannot be appreciated that the

petitioners, who are vitally effected, were not heard before passing the appellate order dated 16.1.2007. Therefore, the appellate order date

16.1.2007 (Annexure P21) is liable to be set aside along with subsequent order passed on 29.5.2007 (Annexure P23) and order dated 24.7.2007

(Annexure P25) passed on the revision petition. We accordingly quash these orders. The matter is remanded back to the Appellate Authority for

deciding the controversy afresh in accordance with law after affording an opportunity to the petitioners. It shall be open to the parties to raise all

the pleas before the Appellate Authority as are permissible in law. An application for early disposal of the appeal shall be filed by the parties before

the Appellate Authority which shall be considered sympathetically.

The petition stands disposed of.