Surya Kant, J. - (Oral):
This civil writ petition seeks quashing of the notice dated 25.10.2007 (Annexure P-10) whereby the District Town Planner Enforcement, Faridabad has asked the petitioner to remove the alleged illegal construction raised by it at the site failing which penal action under the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated) Development Act, 1963 was to be taken. The petitioner sent a reply to the aforesaid show cause notice on 8.11.2007 (Annexure P-11). CWP No.18205 of 2007 -: 2 :- However, without waiting for the final decision, the petitioner has approached this Court.
The petitioner has established an industrial unit at village Pirthala on the National Highway near Palwal. Before establishing the industrial unit, the petitioner had approached the District Town Planner, Faridabad for issuance of a No Objection Certificate. The same was duly granted to it vide memo dated 17.6.1996 (Annexure P-4) after explaining that the land of village Pirthala, where the petitioner wanted to install its industrial unit, did not fall within the 'urban areas' or 'controlled areas' declared by the Department of Town and Country Planning. The aforesaid area, however, appears to have been notified as a 'controlled area' on 31st May, 2006. It is thereafter that the impugned show cause notice has been served upon the petitioner.
In this backdrop, the petitioner seeks quashing of the show cause noticed, inter-alia, on the ground that:- (i) the subject land was not within the controlled area at the time when the construction was raised; and (ii) the constructions, if any, are not liable to be demolished/removed as even after inclusion thereof in the controlled areas, the constructions raised by the petitioner are compoundable.
I have heard Learned Counsel for the parties and on perusal of the record, I am of the considered view that the contentions raised on behalf of the petitioner require consideration by the competent authority before any action is taken for removal of the alleged unauthorized constructions. Consequently, this writ petition is disposed of with a direction to the District Town Planner Enforcement, Faridabad respondent No.3 to afford an opportunity of personal hearing to the petitioner's representative CWP No.18205 of 2007 -: 3 :- and thereafter take a decision in accordance with law in respect of the contentions, as noticed above and/or other contentions which the petitioner may like to raise. Till the decision is taken, no penal action shall be taken against the petitioner. However, the petitioner shall not raise any further construction at the site till the final decision in the matter is taken by the competent authority.
