VIRENDER SINGH, J. - (1.) THE present petition was decided by this Court at an earlier stage on July 2, 2001, and notice (Annexure P-8) issued to the petitioner by the Estate Officer, PUDA, demanding payment of Rs. 89,500/- as extension fee on account of non-construction of the building from the period January, 1997 to December 1999 was quashed, being illegal. The respondents were directed to revise the building plan of the petitioner and to give wide publicity to the revised zonning plan so as to enable the other plot holders to apply for sanction of their building plans.
(2.) THE petitioner thereafter filed a review application (No. 242 of 2001), seeking clarification of certain aspects of the judgment dated July 2, 2001 passed by this Court. In pursuance to the notice given to the respondents, a reply to the application was filed.
(3.) VIDE a detailed order dated July 26, 2002, the Review Application was allowed. The said order read thus :- "This is an application under Order XVII Rule 1 read with Sections 151 and 152 of the Code of Civil Procedure for review of order dated 2.7.2001 passed in CWP No. 13818 of 1999. Learned counsel for the applicant referred to averments contained in the writ petition and pointed out that even though the Court had formulated a specific question relating to legality of the demand of non-construction fee/extention fee with effect from 1.1.2000 without issuing a zoning plan in conformity with the Punjab Urban Planning and Development Authority (Building) Rules, 1996, the same has not been answered. He also submitted that there are several discrepancies in the Court's order which need rectification. Shri Rupinder Khosla, learned counsel for respondents 2 to 5 agreed that the main question framed by the Court has not been answered and that this may constitute a valid ground for review of order dated 21.7.2001 but submitted that if the Court is inclined to accept the applicant's prayer, then all the issues may be left open for fresh consideration. We have carefully perused the record including the order dated 2.7.2001. In our opinion, there is an apparent mistake in the order sought to be reviewed because the main question raised by the petitioner-applicant has not been decided. We also agree with Shri D.S. Kamra that there are other discrepancies in the order which need correction. Hence, the application is allowed. Order dated 2.7.2001 is recalled. The main case now be listed for arguments on 22.8.2002. The respondents shall be entitled to urge all the points available to them for opposing the writ petition." ;