Can’t demolish structures in absence of master plan: HC

Saurabh Malik

Tribune News Service

Chandigarh, February 19

The Punjab and Haryana High Court has made it clear that a development authority doesn’t have the authority to direct the demolition of structures if the master plan or regional planning area is not notified for the land. The HC Bench also ruled that its orders would not bind other authorities, which may find the construction to be in violation of other provisions. They would be at liberty to act in accordance with law.

The order by the Bench of Justice Rajan Gupta and Justice Karamjit Singh came on a bunch of five petitions filed against Greater Mohali Area Development Authority (GMADA) and other respondents by Baljinder Singh and other petitioners through counsel Charanpal Singh Bagri and SPS Khaira.

The petitioners had challenged notices issued under the Punjab Regional and Town Planning and Development Act, stating that construction by the petitioners fell within the no-construction zone and was liable to be demolished. Their representation was, as such, rejected and they were asked to remove the unauthorised constructions immediately, failing which coercive action would be taken.

Bagri argued that the master plan was not notified by the GMADA for the area in question. As such, the GMADA Additional Chief Administrator was not authorised to invoke the provisions of the Act to direct the demolition of the construction raised by the petitioners.

Appearing before the Bench, the GMADA counsel submitted that the local planning area had not been extended after June 30, 2018, though a communication to this effect had been sent to the government.

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