15.02.2025 PREM SINGH PREM SINGH v. THE ADDITIONAL COMMISSIONER, MUNICIPAL CORPORATION, THE ADDITIONAL COMMISSIONER, MUNICIPAL CORPORATION, THE ADDITIONAL COMMISSIONER, MUNICIPAL
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH CWP-4200-2025 (O&M) 2025 (O&M) Date of decision :15.02.2025 Date of decision :15.02.2025 PREM SINGH PREM SINGH …Petitioner Versus THE ADDITIONAL COMMISSIONER, MUNICIPAL CORPORATION, THE ADDITIONAL COMMISSIONER, MUNICIPAL CORPORATION, THE ADDITIONAL COMMISSIONER, MUNICIPAL CORPORATION, …Respondents CHANDIGARH AND ANOTHER CHANDIGARH AND ANOTHER CORAM: HON’BLE MR. JUSTICE HARSH BUNGER HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Anmol Rattan S. Dhillon, Advocate Mr. Anmol Rattan S. Dhillon, Advocate for the petitioner. HARSH BUNGER, J. [ORAL] HARSH BUNGER, J. [ORAL] Singh has filed the instant writ petition, under Petitioner-Prem Singh has filed the instant writ petition, under Singh has filed the instant writ petition, under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Articles 226/227 of the Constitution of India, seeking a writ in the nature of Articles 226/227 of the Constitution of India, seeking a writ in the nature of Articles 226/227 of the Constitution of India, seeking a writ in the nature of , for directing the official respondents to allot New House mandamus, for directing the official respondents to allot New House , for directing the official respondents to allot New House , for directing the official respondents to allot New House Number to the property of the petitioner situated between Government Number to the property of the petitioner situated between Government Number to the property of the petitioner situated between Government Number to the property of the petitioner situated between Government on Mansa Devi Road, Manimajra, High School, Masjid, choe and rasta on Mansa Devi Road, Manimajra, on Mansa Devi Road, Manimajra, High School, Masjid, 3) Chandigarh, by deciding representations dated 30.05.2005 (Annexure P-3) Chandigarh, by deciding representations dated 30.05.2005 (An Chandigarh, by deciding representations dated 30.05.2005 (An 9), submitted by him. and 22.10.2024 (Annexure P-9), submitted by him. and 22.10.2024 (Annexure P 2. Briefly, the petitioner claims to be in possession of a Briefly, the petitioner claims to be in possession of a Briefly, the petitioner claims to be in possession of a constructed property, which is situated between the Government High constructed property, which is situated between the Government High constructed property, which is situated between the Government High constructed property, which is situated between the Government High on Mansa Devi Road, Manimajra, School, Masjid, choe and rasta on Mansa Devi Road, Manimajra, on Mansa Devi Road, Manimajra, School, Masjid, igarh. According to the petitioner, the said property falls within the Chandigarh. According to the petitioner, the said property falls within the igarh. According to the petitioner, the said property falls within the igarh. According to the petitioner, the said property falls within the Lal Lakir (Red Line) i.e. of Manimajra, U.T. Chandigarh. (Red Line) i.e. Abadi Deh of Manimajra, U.T. Chandigarh. 2.1 Petitioner states that earlier there was a dispute as regards the Petitioner states that earlier there was a dispute as regards the Petitioner states that earlier there was a dispute as regards the ittee, Manimajra; said property with the Notified Area Committee, Manimajra; said property with the Notified Area Comm afore-said property with the Notified Area Comm 112 of 1985, seeking grant of whereupon he preferred a Suit bearing No.112 of 1985, seeking grant of whereupon he preferred a Suit bearing No. whereupon he preferred a Suit bearing No. permanent injunction, which was decreed vide judgment dated 31.03.1986 permanent injunction, which was decreed vide judgment dated 31.03.1986 permanent injunction, which was decreed vide judgment dated 31.03.1986 permanent injunction, which was decreed vide judgment dated 31.03.1986 4 Page 1 of 4
Legal Reasoning
GURPREET KAUR 2025.02.21 14:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh (Annexure P-1) passed by the learned Sub Judge Ist Class, Chandigarh, and the said judgment and decree dated 31.03.1986 was further upheld by the learned first Appellate Court, vide judgment dated 18.11.1991 (Annexure P-2). 2.2 Petitioner states that no house number/property number has been allotted to the afore-said property and accordingly, he submitted a representation dated 30.05.2005 (Annexure P-3) to the Municipal Corporation, Chandigarh; however, no decision thereupon has been taken till date. 2.3 It appears that the Municipal Corporation, Chandigarh, vide its communication dated 12.06.2024 (Annexure P-6) called upon the petitioner to submit a proper site plan; which according to the petitioner, was submitted. However, it appears that vide letter dated 10.10.2024 (Annexure P-8), the petitioner has been called upon to furnish further documents (as per check list attached thereto), as detailed hereunder :- Flags Document Required CP or NP 1 2 3 4 5 6 7 8 9 10 11 12 Application Ownership proof Affidavit regarding the instruction dated 23.01.2017 issued by Chandigarh Administration duly attested by Notary Public Indemnity Bond duly attested and witnessed by two persons Attested copy of Regd. Family Settlement/Court Decree Site Plan duly signed by the applicant and counter signed by the Area councillor Original Intkal report Death Certificate of the owner Identification of applicant No Due Certificate from the S.D.E., Public Health, Sub Div. No.8, M.C., Manimajra Chandigarh NDC from Property Tax Branch, M.C., Chd. if commercial activity is being run Report of Halqa Patwari duly authenticated by the Tehsildar (R), U.T., Chd. GURPREET KAUR 2025.02.21 14:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 2 of 4 2.3 Petitioner claims that in response to the afore-said communication dated 10.10.2024 (Annexure P-8), he has provided all the necessary documents by submitting his representation dated 22.10.2024 (Annexure P-9); however, till date, no action has been taken by the authorities concerned for allotting New House Number to the property of the petitioner. 3. In the afore-mentioned circumstances, the present writ petition has been filed before this Court. 4. 5. Heard. Apparently, the issue regarding allotment of house number to the above-referred property, as claimed by the petitioner, is pending consideration before the Municipal Authorities and vide letter dated 10.10.2024 (Annexure P-8), the petitioner has been called upon to submit more documents/information. 6. During the course of hearing of this petition, learned counsel for the petitioner could neither point out towards the pertinent documents, which have been requisitioned from the petitioner nor said documents have
Decision
been attached with the writ petition. 7. Since, the authorities are already seized of the matter and the petitioner has been called upon to submit the desired documents/information, it is incumbent upon him to respond to the letter dated 10.10.2024 (Annexure P-8) by providing the necessary information/documents, so as to enable the authorities to proceed further with the matter. 8. Accordingly, the present writ petition is dismissed; however, leaving it open to the petitioner to respond to letter dated 10.10.2024 (Annexure P-8) by submitting the necessary information/documents. GURPREET KAUR 2025.02.21 14:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 3 of 4 9. It goes without saying that in case, the petitioner provides necessary documents as requisitioned from him vide letter dated 10.10.2024 (Annexure P-8) and/or submits sufficient explanation/clarifications, then the concerned authorities shall take a final decision in the matter in accordance with law. 10. All pending application/s, if any, shall also stand closed. February 15, 2025 gurpreet (HARSH BUNGER) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No GURPREET KAUR 2025.02.21 14:00 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh Page 4 of 4