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MC told to form panel to remove illegal constructions in city

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Express News Service

Posted: Feb 05, 2009 at 0313 hrs IST

Chandigarh In a significant direction, the Punjab and Haryana High Court has directed the Ludhiana Municipal Corporation to constitute and notify a committee that will identify and monitor the removal of unauthorised constructions in the city.

The municipal corporation has been given two weeks’ time to form a panel. The directions have been passed by a Division Bench headed by Chief Justice Tirath Singh Thakur on a public interest litigation filed by a Ludhiana resident two years ago, highlighting unauthorised constructions at four major roads in the city. The petitioner has been given a week's time to suggest names of respected citizens, including retired judges, chief engineers or any expert to be a part of the monitoring committee.

The Punjab government, too, has been asked to explain as to whether the state has the powers to change the town and country planning scheme of a city once it is notified. Holding, prima facie that the government does not have the powers to change the scheme once it is notified, the High Court has asked the government to explain its stand on this issue. Advocate Amar Vivek, counsel for the petitioner, had raised the issue that the government vide an order dated July 28, 1994, had illegally granted change of land use (CLU) to people for conversion of residential area into commercial. Crying foul, Vivek had demanded demolition of all such illegal constructions.

The Punjab government had, however, taken the stand that the government had the power to grant CLU under relevant provisions. The government, on the next date of hearing, will explain whether it has the power to change the character of a town and country-planning scheme. The government will also explain how it has changed the scheme inviting objections after issuance of the notification.

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