Plea against ‘hasty’ demolition move at Chandigarh Club

Demolition to be carried out in a portion of the Chandigarh Club today came under judicial scanner with a caterer moving the Punjab and Haryana High Court against the “arbitrary and illegal” order.

Taking up the petition filed against the UT and other respondents by M/s Commando Caterers Pvt. Ltd, the Bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor fixed the matter for further hearing on November 11 “in order to extend proper opportunity of hearing in the matter”.

The Bench made it clear that the matter would be heard and appropriate orders would be passed on that date. The Bench was assisted in the matter by senior advocate Sartej Singh Narula on the petitioner’s behalf, while senior advocate Anand Chhibbar appeared before the Bench on the club’s behalf.

The Bench was told that the petitioner was approaching the court against the order dated November 14 passed by UT SDM (Central) and the subsequent order passed the next day by the District Magistrate for demolition drive to be carried out on a Sunday. It was contended that legally permissible, temporary structure erected by the petitioner with due permissions was ordered to be demolished without giving “requisite period of 60 days under the statutory provisions and rules”.

“The impugned orders are aimed at defeating the petitioner’s rights to file an appeal under the prevalent rules and Act. A 30-day period to file an appeal against the order dated November 10 is available to the petitioner. But the teething hurry shown by the respondents in demolishing the structure amounts to an abuse of executive authority,” it was added.