- (1.) The petitioner, M/s Shalimar Estates Private Limited, has filed the present writ petition under Articles 226 and 227 of the Constitution of India, seeking to assail the impugned Notice dated 24.6.2005 (Annexure P-20) purported to be only a show cause notice and the subsequent Notice dated 18.10.2005 (Annexure P-28) under Section 12 (2) read with Section 15 of The Punjab New Capital (Periphery) Control Act, 1952 (hereinafter to be referred to as "the said Act") directing the petitioner to remove the unauthorised construction on the site in Abadi of village Sarangpur, U.T., Chandigarh.
(2.) The petitioner-Company is stated to have purchased 11 Kanals and 17 Marlas of land vide three registered sale deeds executed on 10.11.1999, 8.12.1999 and 10.3.1999 along with delivery of possession. On demarcation by Deputy Commissioner, Chandigarh, the demarcation report dated 18.9.2000 was prepared whereby the land was found to be situated in Abadi/Lal Dora. The petitioner proposed to construct the building of residential flats and applied to the LAC, exercising the powers of the Deputy Commissioner under the said Act, for obtaining NOC for grant of water and electricity connections on 15.12.1999. The said respondent vide a communication dated 25.4.2001 informed that it had obtained an advice that no permission was required nor was NOC necessary in the extended Abadi Deh of the village under the said Act. It would be relevant to reproduce the said communication as under:- "The Chandigarh Administration after taking advise of the Law Department U.T. Chandigarh vide their Office/Memo No.3/3/56-UTF I (I) 2000/2698 dated 30.3.2001 under Section 11-A of the periphery control Act, 1952 has conveyed that no permission of Land Acquisition Officer, Exercising the powers of the Deputy Commissioner, Chandigarh under the aforesaid Act is required for running of Chemist shop as well as Atta Chakki, Kohlu, Rice Machine, Cotton ginning machine etc. within the phirni/extended Abadi-Der of the village. In view of above it is indicated that no objection certificate for electricity/water connection is also not necessary within the Lal Lakir/phirni/extended abadi deh of the village under Section 11-A of the periphery control Act 1952. Further water and electricity connections will be issued by the concerned Department as per their rules and regulations."
(3.) The electricity and water connections were also issued to the petitioner in pursuance to the application of the petitioner thereafter made on 27.4.2001. The petitioner commenced construction of 98 residential Middle Income Flats and six floors of the 9-storeyed building were raised from the period May 2001 to April 2002 when certain articles appeared in The Tribune in relation to the construction alleging violations.;