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2026 DAILYLAW 29941 (PNJ)

ARNAV SALUJA v. THE STATE OF PUNJAB AND OTHERS

CWP/16911/2026 · 2026-07-13

Jasgurpreet Singh Puri, Sanjiv Berry

body2026

Judgment text

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122 CWP-16911-2026 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-16911-2026 Date of decision: 13.07.2026 Arnav Saluja ….Petitioner. Versus The State of Punjab and others ....Respondents. CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI HON’BLE MR. JUSTICE SANJIV BERRY Present:- Mr. R.S. Rai, Senior Advocate, with Mr. Shikhar Sarin, Advocate, and Ms. Rubina Virmani, Advocate, Ms. Prachi Gupta, Advocate, for the petitioner. Ms. Shruti, AAG, Punjab. Ms. Avin Sandhu, Advocate, for respondent/GMADA. ..… JASGURPREET SINGH PURI, J. (Oral) 1. This petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned order dated 30.01.2026 (Annexure P-4) whereby plot allotted to the petitioner, i.e. Plot No. 76, Eco City-2, New Chandigarh, has been cancelled and the earnest money deposited by the petitioner has been forfeited with a further direction for restoration of allotment of the aforesaid plot, for providing complete inspection of the official file pertaining to the aforesaid plot PREETI 2026.07.15 16:38 I attest to the accuracy and integrity of this document 122 CWP-16911-2026 of the petitioner, and for restraining the respondents from re- auctioning, re-allotting, transferring, alienating, encumbering, or in any manner dealing with the aforesaid plot. 2. Learned Senior Counsel appearing on behalf of the petitioner, submitted that by way of impugned order dated 30.01.2026 (Annexure P-4), respondent No. 2-GMADA, has cancelled the allotment of the aforesaid plot in respect of which a Letter of Intent (LOI) had been issued to the petitioner. He submitted that no such allotment letter was received by the petitioner and it was only when the show cause notice dated 14.01.2026 (Annexure P-2) was issued to the petitioner that the petitioner came to know that such an allotment has been made. He further submitted that the reason for cancellation was the default of payment of money but no such payment of money could have been made by the petitioner as he was not even aware of any such allotment. It was incumbent upon the respondent-GMADA to inform the petitioner by lawful means of communication in this regard. 3. At this stage, Ms. Avin Sandhu, Advocate, has appeared on behalf of respondent-GMADA, and submitted that the order dated 30.01.2026 (Annexure P-4), which is the order of cancellation, is an appealable order under the provisions of Section 45 of the Punjab Regional and Town Planning and Development Act, 1995 and that an appeal against the aforesaid order dated 30.01.2026 would lie before the Chief Administrator, GMADA. She also submitted that she has got PREETI 2026.07.15 16:38 I attest to the accuracy and integrity of this document 122 CWP-16911-2026 no objection in case the petitioner files an appropriate appeal before the aforesaid authority in accordance with law and in case the same is filed it shall be considered and decided by the Chief Administrator, GMADA in accordance with law after taking into consideration all the grounds taken by the petitioner and after granting adequate and proper opportunity of hearing to the petitioner or his counsel. 4. We have heard learned counsels for the parties. 5. The issue involved in the present case was with regard to cancellation of allotment of Plot No. 76, Eco City-2, New Chandigarh vide order dated 30.01.2026 (Annexure P-4). 6. Learned counsel for respondent-GMADA submitted that the aforesaid order is an appealable order and in case any appeal is filed by the petitioner, the same shall be considered in accordance with law after giving adequate opportunity of hearing to the petitioner or his counsel. 7. In view of above, the present petition is disposed of with liberty to the petitioner to file an appeal in accordance with law before the Chief Administrator, GMADA, raising all his grounds. In case any such appeal is filed, then it shall be incumbent upon the aforesaid appellate authority to consider and decide all the grounds taken by the petitioner in the appeal after hearing the petitioner or his counsel. The appeal shall be decided within a period of four weeks from the date of filing of the application. PREETI 2026.07.15 16:38 I attest to the accuracy and integrity of this document 122 CWP-16911-2026 8. It is further directed that at the time of consideration of appeal, respondent-GMADA shall make available the entire record of the case pertaining to the communication of the aforesaid order (Annexure P-4) etc., to the petitioner. 9. Disposed of with the aforesaid liberty. (JASGURPREET SINGH PURI) JUDGE (SANJIV BERRY) 13.07.2026 JUDGE preeti i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PREETI 2026.07.15 16:38 I attest to the accuracy and integrity of this document