- (1.) This order shall dispose of CWP Nos. 25368, 25433, 25601, 25929 of 2012; 685, 15483, 11306, 26367 of 2013 as the issues involved are common in nature. For brevity, the facts are being extracted from CWP No. 25601 of 2012. The Punjab Marriage Palace and Resorts Association as well as some of the other Marriage Palaces and Resorts have questioned the validity of Punjab Government notification dated 16th November, 2012 founded upon the decision taken by the Council of Ministers whereby 'Policy Guidelines and Building Norms for Regularisation of existing Marriage Palaces and Setting up of New Marriage Palaces in the State of Punjab", have been laid down.
(2.) Firstly, a brief reference to the genesis of the Policy, under challenge, may be made. In a Public Interest Litigation bearing CWP No. 21547 of 2011, Jagjit Singh v. State of Punjab & Ors., issues relating to (i) the unending traffic jams due to unauthorized parking of hundreds of vehicles on the roadside in front of Marriage Palaces, (ii) road-accidents caused due to chaotic conditions and unauthorized construction of Marriage Palaces/Resorts in violation of provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (in short, 'the 1963 Act') or the Punjab Regional and Town Planning and Development Act, 1995, (in short, 'the 1995 Act') were raked up. The PIL Bench was apprised on 24th July, 2012 that there were as many as 92 Marriage Palaces in Patiala district alone situated outside the Municipal limits, out of which only 10 had obtained 'No Objection Certificate' from the Town and Country Planning Department before the construction started. This Court, on that day, observed and directed as follows:- 'We feel that such an action on the part of the officials is not justified. The Deputy Commissioner, Patiala is directed not to allow opening of that marriage palace till further orders. It is further stated that one marriage palace namely U.K. Resorts is under construction without getting any permission. The directions are issued to the Deputy Commissioner, who is the Chief Administrator of the Patiala Development Authority, to stop construction of that marriage palace forthwith, if need be, he can get assistance from the Police Department. The marriage palaces mentioned at Clause (iv)(d), (e), (f), (g) of the report whose applications are pending to get the building plans regularized, after construction be also not given any such permission. The directions are also issued to the Chief Administrator of GMADA not to allow any marriage palace to run which is not constructed after getting requisite permission as per law. The compliance be ensured forthwith. XXX XXX XXX No person can be allowed to flout the law and if anybody is found working contrary to the law he has to be dealt with severely. Nobody can be given liberty first to raise illegal construction and when action is initiated for demolition of such construction, then they apply for getting the building plan regularized."
(3.) The matter was again taken up on 17th August, 2012 and the following direction was issued:- 'Directions are also issued to the State of Punj ab to verify the number of marriage palaces being run, in each district and to inform the Court as to how many marriage palaces, out of the so identified, were opened after getting all necessary permissions under the relevant Acts, including Change of Land Use(CLU)etc.";