- (1.) This is a Public Interest Litigation filed under Article 226 of the Constitution seeking quashing of the auction notice, dated 1.11.2011 (P-6) and subsequent proceedings in pursuance thereof. The petitioners have also questioned the validity of the site plan, dated 14.1.2010 (P-5) and sought a direction to the official respondents not to auction the parking area for commercial purposes i.e. for construction of booths. The grievance raised in the instant petition is with regard to the parking area of Guru Amardas Market, Khanna. It has been urged that on 24.4.1978, the Improvement Trust Khanna (for brevity, 'the Trust') notified a scheme for development of 5.5 acres commercial area of Karnail Singh Road, Khanna and a site plan dated 28.4.1978 was prepared (P-1). In the said site plan, the portion shown in Yellow colour was left as open space. On 12.9.1978, a new site plan was prepared superseding the site plan dated 28.4.1978. After sanction of the site plan, the area was eventually developed as Guru Amardas Market, which has become one of the biggest markets in city Khanna. With the passage of time, the usual problem of parking space has arisen and numerous representations were made to the respondent authorities to resolve the problem. It is alleged that instead of resolving the problem, the official respondents have issued an auction notice dated 1.11.2001 (P-6), whereby 6 booths have been put on auction in Guru Amardas Market. According to the petitioners the booths which are sought to be auctioned are not in existence at the spot and the same would be built after carving out space from the existing cycle parking shed. It has been further stated that on 11.11.2011 auction was held but the same was not confirmed, yet the respondent authorities started demolishing the cycle parking as also digging of plinth of booths to be constructed. In that regard some photographs of the area have been placed on record (P-7 colly).
(2.) On 22.12.2011, while issuing notice of motion this Court has made it clear that any action taken to the prejudice of the petitioners would be subject to further orders as the Court may pass.
(3.) In the written statement filed on behalf of the respondent Trust it has been pointed out that in the auction of booths, which was held on 11.11.2011, respondent Nos. 7 to 11 were the successful bidders and sale has been confirmed in their favour vide resolution No. 342, dated 23.11.2011, which has been approved by the Government on 8.12.2011. Allotment letters in favour of successful bidders were issued on 9.12.2011 and possession has also been handed over to them. With regard to the allegation of conversion of the parking area into booths, it is stated that the site in question was earlier shown as SCO sites, which was converted into cycle stand. It has also been clarified that the drawing in which site in question was shown as a cycle stand was superseded by another drawing and a notification to this effect was published in the Government Gazette. On 14.2.2010, the site of cycle stand was converted into commercial site and the same has been auctioned.;