M.M.KUMAR,J - (1.) THE prayer made in the instant petition filed under Article 226 of the Constitution is for quashing order dated 16.1.2007 (Annexure P-21) passed by the Appellate Authority directing PUDA to issue completion certificate and pass layout plan of Amrit Nagar Colony, Amritsar after excluding the area measuring 8 Kanals relating to Gurjit Singh son of Avtar Singh. A further prayer for quashing orders dated 29.5.2007 (Annexure P-23) and 24.7.2007 (Annexure P-25) has also been made.
(2.) IT is not disputed that the appellate Authority while exercising jurisdiction under Section 33 of the Punjab Apartment and Property Regulation Act, 1995 (for brevity 'the Act') did not hear the petitioners nor notices were issued to them, who were admittedly party to the appeal. The impugned decision of the Appellate Authority dated 16.1.2007 (P-21) has been taken at the back of the petitioners. It is appropriate to mention that the total land on which colony has to be developed is measuring 305 Kanals 15 Marlas and respondent No. 2 has share to the extent of 17 Kanals 5 Marlas. It is further not disputed that the review petition was filed by the petitioners against the appellate order dated 16.1.2007 (P-21) and the same was dismissed by the Secretary to Government of Punjab, Department of Housing and Urban Development Chandigarh (Mr. Arun Goel) vide order dated 29.5.2007 (P-23). Thereafter, the petitioner invoked revisional jurisdiction under Section 34 of the Act (Annexure P-24). Even the revision petition has been dismissed by the same officer (Mr. Arun Goel) vide order dated 24.7.2007 (P-25). The same officer had dismissed the review petition filed by the petitioners on 29.5.2007 (P- 23). It is not understood as to how the Appellate Authority as well as the Revisional Authority could be the same. It cannot be appreciated that the petitioners, who are vitally effected, were not heard before passing the appellate order dated 16.1.2007. Therefore, the appellate order date 16.1.2007 (Annexure P-21) is liable to be set aside along with subsequent order passed on 29.5.2007 (Annexure P-23) and order dated 24.7.2007 (Annexure P-25) passed on the revision petition. We accordingly quash these orders. The matter is remanded back to the Appellate Authority for deciding the controversy afresh in accordance with law after affording an opportunity to the petitioners. It shall be open to the parties to raise all the pleas before the Appellate Authority as are permissible in law. An application for early disposal of the appeal shall be filed by the parties before the Appellate Authority which shall be considered sympathetically. The petition stands disposed of. Petition allowed.;