Chandigarh: HC hears plea challenging demolition order in unusual Sunday sitting
The bench comprising justice Ashwani Kumar Mishra and justice Rohit Kapoor was apprised by the petitioner that the order requiring Commando Caterers to demolish the structure within seven days, had been pasted on the premises late on November 14
A division bench of the Punjab and Haryana high court on Sunday heard a petition filed by Commando Caterers, Sector 35 seeking to stall the demolition drive, initiated pursuant to an order passed by the Estate Office, Chandigarh, on November 10.
The bench comprising justice Ashwani Kumar Mishra and justice Rohit Kapoor was apprised by the petitioner that the order requiring Commando Caterers to demolish the structure within seven days, had been pasted on the premises late on November 14. However, without complying with the terms of that order and without giving the statutory 30 days for filing an appeal, demolition orders were passed by the concerned executive magistrate on November 15, within 24 hours of the initial order.
Counsel further informed the court that at 7 am on November 16, officials had arrived at the premises of Commando Caterers to demolish the structure, stated to be temporary in nature.
As per the court order, the bench noted that it had been constituted pursuant to directions issued by the chief justice on account of the urgency pleaded by the petitioner’s counsel. The matter has now been directed to be placed before the bench on November 19, when it will be heard and appropriate orders on merits will be passed.
The Punjab and Haryana high court is reviewing a petition from Commando Caterers seeking to halt a demolition order issued by the Estate Office on November 10. The court noted that demolition orders were executed within 24 hours, bypassing the required 30-day appeal period. The case will be heard again on November 19 for further proceedings.