Muni Lal Verma, J. - (1.) THIS petition as well as three other petition No. 3721, 4119 and 420 of 1974 have been made against the orders which have been passed by the Assistant Estate Officers, exercising the powers of the Deputy Commissioner, (Respondent 3,) under the Punjab New Capital (Periphery) Control Act, 1952, as amended by the Punjab New Capital (Periphery) Control (Chandigarh Amendment) Act, 1971 (hereinafter referred to as the Act) against the petitioners of these petitions. Since all these four writ petitions involve common questions of fact and law, the same are being disposed or by one judgment. The circumstances leading to these petitions, as set forth by the petitioners there in, may be briefly stated as under : Civil Writ No. 4215
(2.) THE petitioner is owner in possession of land measuring 32 Kanals 9 Marlas, comprised in Khasra No. 14/20/2, situate within the limits of village Burail (hereinafter called the land). This land as well as lands of the petitioners in the other petitions, which are situate within the limits of village -Manimajra, are located within 10 miles from the outer boundaries of Chandigarh. There was a kutcha Gurdwara in the land and it was historical institution, as the battle for liberation of Sirhind had been fought there by Baba Banda Singh Banadur and Baba Baz Singh with the Mughal Emperors. Some time ago, the petitioner had renovated the aforesaid, building of Gurdwara Sahib. On December 4, 1 73, the Deputy Commissioner (Respondent 2) served a notice (Annexure P. 1) on the petitioner under sub -section (2) of section 12 of the Act to restore the land to its original state within six weeks, observing therein that the Gurdwara Shib had been illegally built within the revenue estate which had been declared controlled area. The petitioner sent reply (Annexure P, 2) the said notice on January 21, 1974. Thereafter, the Deputy Commissioner served another notice (copy Annexure P. 3 on the petitioner on March 6, 1974, requiring it to appear before him on March 21, 19/4. Representation on behalf of the petitioner was made on March 21, 1974 and the Assistant Estate Officer (Respondent 3), exercising the powers of the Deputy Commissioner, passed order (Annexure P. 4, hereinafter called the impugned order) on June 22, 1974, directing demolition of Gurdwara Sahib and Nishan Sahib and restoration of the land to its original State within one month, indicating that else the said Gurdwaia Sahib and Nishan Sahib would be demolished and the land would be restored to us original male and the costs of demolition, if incurred by the Department, would be assessed by the Naib -Tehsildar and the same would be recovered as arrears of land revenue from the petitioner. Shri Gurcharan Singh Bedi has sworn affidavit in support of the averments made in this writ petition. Civil Writ No. 3721 Tara Singh and Subhash Chander petitioners are joint owners of land comprised in held No. 99/19/2, situate within the limits of village -Manimajra. They had constructed two lime -kilns and some ancillary buildings for their residence (hereinafter called the structures) in the said land. On July 18, 1974, the Assistant Estate Officer (Respondent 3), exercising the powers of Deputy Commissioner, passed order (Annexure P. 4, hereinafter called the impugned order), directing demolition of the structures and restoration of me land to its original state within one month, indicating that also the costs of demolition of the structures and for restoration of the site to its original state would be assessed by the Naib -Tehsildar and the same would be recovered as arrears of land revenue. Subhash Chander has sworn affidavit in support of the averments in the petition. Civil Writ No. 4119.
(3.) THE petitioners are joint owners of land comprised in fields No. 101/24 and 110/4, 5/1, situate within the limits of village -Manimajra. They had constructed three lime -kilns and some ancillary buildings for their residence (hereinafter called the structures) on the said land. On August I, 1974, the Assistant Estate Officer (Respondent 3), exercising the powers of Deputy Commissioner, passed order (Annexure P. 7, thereinafter called the impugned order) under section 12(2) of the Act for demolition of the aforesaid structures within one month and for restoration of the land to its original state, indicating that else the costs of demolition of the structures and restoration of the site to its original state would be assessed by the Naib -Tehsildar and would be recovered as arrears of land revenue. Jarnail Singh swore affidavit in support of the averments made in the petition. Civil Writ No. 4270.;