Chopra Hotels to approach Jalandhar District Court against demolition

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The Punjab and Haryana High Court on Thursday recorded an undertaking by the state that “precipitative action” would not be taken till February 16 or until Chopra Hotels Private Limited availed its remedy before the District and Sessions Judge concerned. The company is linked to the Hind Samachar and Punjab Kesari newspaper group.Disposing of the appeal filed by Chopra Hotels, the division bench of Justice Harsimran Singh Sethi and Justice Vikas Suri observed that the appellant was ready to avail the remedy before the District and Sessions Judge concerned.Senior counsel for the appellant submitted that the remedy would be availed “on or before Monday i.e. 16.02.2026 by appearing before District and Sessions Judge concerned”, provided precipitative action was not taken in the meantime. The bench also recorded the response of the state and other respondents that “no precipitative action will be taken till Monday, i.e. February 16 or the remedy is availed, whichever is earlier”.Before parting with the order, the bench asserted: “In case the appellant approaches the District and Sessions Judge concerned on or before Monday i.e. February 16, the matter will be considered and decided on its own merits after taking into account all pleas raised by the appellant as well as the objections, if any, raised by the Municipal Corporation and the state.” It further directed that the District and Sessions Judge “will take up the matter on the day the remedy is filed in accordance with law so that no prejudice is caused to anyone”.Punjab Advocate-General Maninderjit Singh Bedi, along with counsel Kavita Joshi and Sangam Garg argued on Jalandhar MC’s behalf. Clarifying the scope of its order, the bench made it clear that the court was not making any observation with regard to the merits of the case or “grant or non-grant of any interim order” as the issue would be decided by the District and Sessions Judge exercising the jurisdiction vested.The bench concluded that precipitative action would not be taken till Monday, February 16, or the plea’s filing before the District and Sessions Judge, whichever was earlier, as undertaken. “Thereafter, the proceedings will follow as per the order, if any, passed by the District and Sessions Judge concerned,” the bench added.The appeal arose out of a February 10 order by a single judge declining to entertain the hotel company’s writ petition against demolition action initiated by the Jalandhar Municipal Corporation and relegating it to the statutory remedy under Section 269 of the 1976 Act.While rejecting the writ petition at the threshold, the single judge had upheld the preliminary objection on maintainability and ruled: “The preliminary objection raised by the respondents is upheld. The instant petition is disposed of without commenting upon merits, relegating the petitioner to avail alternate statutory remedy under Section 269 of the Act.”The company, linked to the Hind Samachar and Punjab Kesari newspaper group, had challenged orders including a November 6, 2025 decision refusing “to grant relaxation from demolition of non-approved construction”, and had alleged that the action was driven by “political vendetta” as the newspapers “did not toe the government directions/policies”.The plea did not find favour. The court had observed that it was undisputed that the hotel construction was not in conformity with the approved site plan. “If the construction of the hotel of petitioner is not as per approved site plan, then any action taken by the statutory authority cannot be termed as a result of political vendetta.”

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