IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 24374 of 2011 DATE OF DECISION : 23.12.2011 Madanpur Cooperative House Building Society Limited, Mohali .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Dr. Anmol Rattan Sidhu, Senior Advocate, with Mr. Kanwalvir Singh Kang, Advocate, for the petitioner. ***
SATISH KUMAR MITTAL , J. ( Oral ) In the present writ petition, the petitioner Society is challenging the order dated 22.10.2009 (Annexure P-21), whereby information has been given to it that its application for grant of C.L.U has been rejected, as well as the information supplied to the petitioner Society vide reply (Annexure P-23), in which the same thing has been mentioned that its prayer for grant of C.L.U cannot be accepted, because the land in question is falling under the institute Zone.
Undisputedly, against the order of rejection of permission regarding change of land user under Section 81 of the Punjab Regional and CWP No. 24374 of 2011 -2- Town Planning and Development Act, 1995, remedy of appeal has been provided under Section 82 of the said Act. The petitioner Society has not availed the said remedy.
In view of the aforesaid fact, learned counsel states that the petitioner Society may be permitted to withdraw this petition with liberty to avail the said remedy of appeal.
Dismissed as withdrawn with the aforesaid liberty. If any such appeal is filed by the petitioner Society within a period of one month from today, the Appellate Authority is directed to consider and decide the same in accordance with law, after providing an opportunity of hearing to the petitioner Society, expeditiously, preferably within a period of three months from the date of its filing.
( SATISH KUMAR MITTAL ) JUDGE December 23, 2011 ( PARAMJEET SINGH ) ndj JUDGE