Balraj Tuli, J. - (1.) This judgment will dispose of L.P.A. Nos. 662, 663, 663 and 668 of 1974 and Civil Writ No. 6362 of 1974, as common questions of law are involved.
(2.) The appellants and the petitioner in C.W. 6362 of 1974 are residents of villages comprised in the controlled area of Union Territory of Chandigarh within the meaning of the Punjab New Capital (Periphery) Control Act, 1952 (hereinafter referred to as the Act). They erected certain constructions on their lands without obtaining the permission of the Deputy Commissioner under Sec. 6 of the Act and notices were, therefore, issued to them under Sec. 12(2) of the Act to show cause why the unauthorised constructions should not be demolished. Their applications for permission to grant ex post facto permission for the constructions already made were refused by the Deputy Commissioner. Since they refused to demolish the unauthorised constructions, warrants for the demolition of the constructions were issued by the Deputy Commissioner. At that stage, the appellants and the petitioner filed their writ petitions for staying the operation of the impugned orders of the Deputy Commissioner for demolition of their structure. The writ petitions, out of which the abovementioned letters patent appeals have arisen, were dismissed by the learned Single Judge by order dated November 28, 1974. C.W. 6362 of 1974 was admitted on December 6, 1974, and was ordered to be heard along with L.P.A. 662 of 1974. All these cases have, therefore, been heard together.
(3.) The first point seriously urged by the Learned Counsel for the appellants and the petitioner is that there is no valid notification under Sec. 3(1) of the Act declaring the whole or any part of the area to be a 'controlled area' for the purposes of the Act and, therefore, the provisions of the Act are not applicable to the constructions made by them. In support of this plea, it has been submitted that the provisions of Sec. 3(2) and Sec. 4 of the Act were not complied with and, therefore, the notification issued under Sec. 3(f) of the Act was of no effect. In order to appreciate this submission, it is necessary to set out Ss. 3, 4 and 5 of the Act, as were in force in 1953 when the notification under Sec. 3(1) was issued. These Ss. read as under : - - 3(1). The State Government may by notification in the official Gazette declare the whole or any part of the area to which this Act extends to be a controlled area for the purposes of this Act. (2) Not less than three months before making a declaration under sub -section (1), the State Government shall cause to be published in the official Gazette, and in at least two newspapers printed in a language other than English, a notification stating that it proposes to make such a declaration, and copies of the notification or of the substance thereof shall be published by the Deputy Commissioner in such manner as may be prescribed at his office and in the area desired to be controlled. 4(1). The Deputy Commissioner shall within three months of the declaration under sub -section (1) of Sec. 3 deposit at his office and at such other places as he considers necessary, plans showing the area declared to be a 'Controlled area' for the purposes of this Act, signifying therein the nature of the restrictions applicable to the controlled area. (2) The plans so deposited shall be in the form prescribed and shall be available for inspection by the public free of charge at all reasonable times. 5. Except as provided hereinafter, no person shall erect or re -erect any building or make or extend any excavation, or lay out any means of access to a road, in the controlled area save in accordance with the plans and restrictions and with the previous permission of the Deputy Commissioner in writing. The analysis of these Ss. shows that the Government had to take the following steps for declaring the whole or any part of the area as controlled area for the purposes of the Act: 1. Not less than three months before issuing notification under Sec. 3(1), the State Government had to publish in the official Gazette, and in at least two newspapers printed in a language other than English, a notification stating that it proposes to make such a declaration; 2. Copies of the notification or of the substance thereof were to be published by the Deputy Commissioner in such manner as may be prescribed at his office and in the area desired to be controlled. 3. After the expiry of three months the notification containing the declaration was to be issued under Sec. 3(1) of the Act; and;