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Punjab High Court · body

2008 DIGILAW 1865 (PNJ)

Harcharan Singh Bhatti v. State of Punjab

2008-11-05

JORA SINGH, M.M.KUMAR

body2008
JUDGMENT M.M. Kumar, J.:-The primary relief claimed by the petitioner in the instant petition is for issuance of direction to the respondents to issue No Objection Certificate/Clearance Certificate in respect of the land belonging to the petitioner because the acquisition notifications issued by the Improvement Trust, Amritsar on 30.3.2000 and 20.12.2000 were quashed by this Court on 25.2.2002 while deciding C.W.P. No. 4678 of 2001. Thereafter the petitioner has applied for issuance of No Objection Certificate/Clearance Certificate and has also served legal notice on 7.9.2007 (P-3). However, the same is kept pending and has not been decided by the respondents. 2. Keeping in view the nature of the controversy and the fact that the legal notice has been sent under Registered A.D. cover, we are of the view that no written statement would be required to be filed as the authenticity of issuance of legal notice dated 7.9.2007 (P-3) stand established. It is well settled in view of the judgment of Hon’ble the Supreme Court rendered in the case of Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344 that once a legal notice has been served then the authorities are under obligation to decide the same efficiently without any delay. Respondent No. 2 has failed to perform the duty imposed on it by law. Therefore, the direction for disposal of legal notice by passing a speaking order in accordance with law deserves to be issued to the respondents. 3. In view of the above, the writ petition is disposed of and a direction is issued to respondent No. 2 to take cognizance of the legal notice dated 7.9.2007 (P-3) and pass a speaking order on the same. The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. ------------