Court Upholds Statutory Remedy Under Punjab Municipal Corporation Act for Unauthorized Construction
In a significant ruling, the Punjab and Haryana High Court, presided over by Justice Ramesh Kumari, dismissed the writ petition filed by Chopra Hotels Private Limited against the demolition and sealing orders issued by the State of Punjab. The orders pertained to unauthorized constructions at the hotel's premises on Police Line Road, Jalandhar. The court emphasized the existence of a statutory remedy under Section 269 of the Punjab Municipal Corporation Act, 1976, which provides an appeal mechanism to the Court of District Judge against such demolition orders.
Chopra Hotels contended that the demolition and sealing orders were a result of political vendetta due to the petitioner's association with prominent newspapers that allegedly do not align with government policies. However, the court clarified that the legality of construction must adhere to approved site plans and building bye-laws, dismissing the argument of political bias.
The court noted that the hotel had exceeded the approved setbacks, and certain constructions were not according to the sanctioned plan, justifying the action taken by the statutory authorities. The judgment referenced the Supreme Court case "Directions in the Matter of Demolition of structures, in Re (2025) 5 SCC 1," which provides guidelines for the demolition of unauthorized constructions but does not override the statutory appeal process outlined in the Act.
Justice Kumari upheld the preliminary objection by the respondents, directing Chopra Hotels to seek redress through the appropriate statutory channel, specifically the Court of District Judge. The court's decision underscores the importance of following prescribed legal remedies before invoking writ jurisdiction under Articles 226 and 227 of the Indian Constitution.
The judgment serves as a reminder of the procedural pathways available for challenging administrative decisions related to urban planning and construction, reinforcing the role of statutory mechanisms in upholding municipal regulations.
Bottom Line:
Petition challenging demolition and sealing orders of unauthorized construction dismissed due to availability of statutory remedy under Section 269 of Punjab Municipal Corporation Act, 1976.
Statutory provision(s): Article 226, Article 227 of the Constitution of India, Section 269 of the Punjab Municipal Corporation Act, 1976.
Chopra Hotels Private Limited v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2851276
