HC quashes notices to demolish structures on airport periphery

Tribune News Service

Chandigarh, August 29

Nearly two years after notices were issued for demolishing structures within 100-meter radius of the airport periphery, the Punjab and Haryana High Court on Wednesday quashed the same. The notices were issued under the provisions of the Punjab New Capital (Periphery) Control Act, 1952.

The court, however, was of the opinion that the same were required to be issued under the Works of Defence Act. Allowing a bunch of petitions filed in the matter, Justice Surya Kant and Justice Sudip Ahluwalia also gave the Administration the liberty to initiate action under the provisions of the Works of Defence Act. In all, 264 structures were identified.

In one of the petitions, Raj Kumar and 49 other residents of Faida Nizampur village in Burail had claimed that notices dated April 5, 2016, were issued to the petitioners alleging that they had contravened the provisions of the Periphery Act by raising construction. It was provided that the petitioners are being afforded an opportunity to appear on 9.8.2016 and explain the position with regard to the violations committed in contravention of the Act.

Their counsel ML Saggar submitted that detailed replies were sent by the petitioners stating that the notice was misconceived and based on wrong information. The village was situated within the Union Territory of Chandigarh and the provisions of the Act were not applicable. It was also stated that the residential houses were exempted under Section 15 of the Act.

Saggar said the petitioners came to know that the UT Administration and other respondents had taken a decision to demolish the residential houses in March, 2017. But the petitioners were not informed about the orders passed by the respondents regarding the demolition of houses.

“It appears that the petitioners, who belong to the weaker section of society, are sought to be dispossessed of their residential houses in a clandestine manner…,” the petitioners added.

264 structures were identified

The court, however, was of the opinion that the same were required to be issued under the Works of Defence Act. Allowing a bunch of petitions filed in the matter, Justice Surya Kant and Justice Sudip Ahluwalia also gave the Administration the liberty to initiate action under the provisions of the Works of Defence Act. In all, 264 structures were identified.