- (1.) This Public Interest Litigation has been preferred by the residents of the Defence Colony Area of Jalandhar through the Defence Colony Residents Society (Registered) alleging that the sanction has been granted by respondents No. 1 to 4 to M/s Radhey Buildwell Private Limited-respondent No. 5 to construct a multiplex building/shopping mall on Cantt. Road, Jalandhar, a residential area, which is surrounded by residential houses and is not permissible.
(2.) It is the contention of the petitioners that the sanction, which has been granted to respondent No. 5, could not be issued despite it being on a non-scheme area since this area is primarily a residential area and across the Cantt. Road, also it is only an institutional area where no commercial activity is being carried out nor can it be permitted. The Cantt. Road has not been declared a commercial road and, therefore, the sanction granted cannot be sustained.
(3.) M/s Radhey Buildwell Private Limited-Respondent No. 5, vide application No. 1137 dated 19.02.2007, applied for sanction of building plan on the plot owned by it for setting up a shopping mall. On consideration of the application of respondent No. 5, the same was recommended to the Government for technical approval on 20.03.2007. The same was considered by the Chief Town Planner, Department of Local Government and vide letter dated 12.08.2007 addressed to the Commissioner, Municipal Corporation, Jalandhar- respondent No. 2 conveyed that it is not advisable to allow the proposed commercial construction on the site in question as the site was adjoining to the Defence Colony, which is a Development Scheme and the houses on the road are residential and no commercial construction has been approved on this stretch of road. This communication, on receipt by the Municipal Corporation, Jalandhar, was forwarded to respondent No. 5 by the Municipal Town Planner who conveyed that the approval for commercial activity cannot be granted on the plot.;