Row over building violations: Chandigarh to withdraw notice to golf club, High Court told

Tribune News Service

Chandigarh, January 9

Less than a month after a show-cause notice was issued to Chandigarh Golf Club, the UT Administration has told the Punjab and Haryana High Court that the authorities have resolved to withdraw the same as it suffered from certain inadvertent/accidental omissions.

As the matter came up for hearing before the Division Bench of Justice Arun Palli and Justice Vikram Aggarwal, UT counsel Aman Bahri submitted that the petitioner-club was afforded an opportunity of hearing on January 9 regarding the impugned show-cause notices dated December 22, 2023, and December 29, 2023, concerning certain building violations/deviations. The Bench observed the counsel “as always” fairly submitted the club in the given circumstances would be at liberty to submit its response within three weeks from today, after which it would be heard and necessary orders, if required, would be passed in accordance with law. “In the wake of this, senior counsel for the petitioner submits that nothing substantive survives in the petition, as the same is rendered infructuous in terms of the statement made by counsel for the respondent-UT. Accordingly, the petition stands disposed of as having been rendered infructuous,” the Bench observed.

The petitioner was represented by senior advocates Anand Chhibbar, Amit Jhanji, Chetan Mittal and Randeep S Rai, with counsel Vaibhav Sahni, Dr Eliza, Ateevraj Sandhu, Kunal Mulwani, Daksh Uppal, Rubina Virmani and Arjun Singh Rai. Earlier during the proceedings, Bahri submitted on instructions from UT Deputy Commissioner Vinay Pratap Singh that the show-cause notice dated December 18, 2023, was suffering from certain inadvertent/accidental omissions. The Bench was also told that an order dated December 29, 2023, was passed by the UT Estate Officer in an apparent breach of the principles of natural justice and would also be deemed to have been withdrawn. But he added the petitioner-club would be served with a fresh show-cause notice by the competent authority. The petitioner, in that event, would be afforded due opportunity to submit response and also a hearing before the passing of any fresh orders by the Administration in accordance with law

In response, counsel for the petitioner submitted that a project regarding the construction of seven residential huts near ninth fairway at the club had since been dropped. The Bench was also told that action in sync with the recommendations of a joint security committee had been initiated. Further, a part of the cantilever, constructed as per the approved building plan falling within 10 m buffer range had also been demolished. As such, substantively no litigation survived between the parties.

“In case there still exists any dispute, without prejudice to the rights and interests of the petitioner and the specific stand set out in the petition, every possible endeavor shall be made by the petitioner to resolve the same amicably with the Administration,” it was added.

Made amends as per regulations

• The Bench was informed that the construction carried out in accordance with latest building plans approved in June 2023, did not violate any regulations
• The golf club actively cooperated with the UT Administration and addressed security concerns
• Moreover, it voluntarily demolished a section of the cantilever, even though it had got sanction for it

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