No coercive action against restaurant near Siswan Dam: HC

Acting on a petition filed by a firm running a restaurant near the Siswan Dam, the Punjab and Haryana High Court today directed that coercive action will not be taken against the petitioner.

The order by the Bench comprising Justice Sureshwar Thakur and Justice Vikas Suri will remain in operation at least till February 25 – the next date of hearing in the case.

In its petition, Siswan Eco Reserve Private Limited through senior advocate Anand Chhibbar with counsel Alankar Narula, Rajinder Goel and Ateevraj Sandhu, contended that the petitioner was running restaurant "Prey" on land classified as "Gair Mumkin Abadi". It was in lawful possession of one of the company's director's family for over 30 years.

The property was consistently recorded as such in the revenue records.

The petitioner also added that it was challenging the show cause notice dated January 29 issued by the Greater Mohali Area Development Authority (GMADA).

It further alleged unauthorised construction on agricultural land and “purported” violations of the Punjab New Capital (Periphery) Control Act, 1952, and the Punjab Regional and Town Planning and Development Act, 1995.

“Without affording the petitioner a proper opportunity of hearing, the notice pre-determinedly directs the cessation of operations and mandates demolition within 30 days. This approach by the authorities reflects a clear disregard for due process and the principles of natural justice,” Anand Chhibbar furhter added.