Punjab & Haryana High Court Declines To Entertain Punjab Kesari Group Hotel's Plea Against Demolition, Rejects 'Political Vendetta' Claim

The Punjab and Haryana High Court has declined to entertain plea filed by Chopra Hotels Private Limited challenging demolition and sealing orders passed by the Jalandhar Municipal Corporation, holding that an efficacious statutory remedy of appeal lies before the District Judge under Section 269 of the Punjab Municipal Corporation Act, 1976. The company is linked to the Hind Samachar and Punjab Kesari newspaper group.Justice Ramesh Kumari said, "...it is undisputed that left front set back of the hotel of petitioner is 15.37%=4052.54 Sq.ft. against approved 20.03% =5280.25 Sq. ft. and its level has also been extended about +4'- 6”. Apart from this, in rear setback, room measuring 16 feet X 27 feet has been built up, which is not according to building bye-laws. Meaning thereby, the construction on the front and back is not as per 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."The petitioner-hotel company approached the High Court seeking quashing of orders dated 06.11.2025 and 06.02.2026, by which the Municipal Corporation refused relaxation and ordered demolition of alleged unauthorised construction at the hotel premises on Police Line Road, Jalandhar. The petitioner also challenged the sealing of the hotel building on 05.02.2026 and sought interim protection against demolition.It was alleged by the petitioner that the impugned actions were politically motivated, contending that the petitioner belonged to a group publishing newspapers such as Hind Samachar and Punjab Kesari, which allegedly did not toe government policies.Senior advocates Chetan Mittal and Gaurav Chopra appearing for the petitioner relied upon the Supreme Court's decision in Directions in the Matter of Demolition of Structures, In Re [(2025) 5 SCC 1], contending that the mandatory safeguards laid down therein were not followed. It was further argued that time ought to have been granted to the petitioner to rectify or remove the unauthorised portions on its own.On the other hand, the State and the Municipal Corporation represented by AG Punjab Maninderjit Singh Bedi, Ad AG Chanchal Singla raised a preliminary objection regarding maintainability, contending that Section 269 of the Punjab Municipal Corporation Act provides a complete mechanism for appeal against demolition orders before the District Judge, thereby barring the writ jurisdiction of the High Court.The Court noted that it was undisputed that the hotel construction deviated from the approved site plan. Specifically, the left front setback was found to be deficient, its level had been raised beyond permissible limits, and an additional room had been constructed in the rear setback in violation of building bye-laws.Justice Kumari observed that once the construction was admittedly not in accordance with the approved site plan, the action taken by the statutory authority could not be prima facie attributed to political vendetta.Referring extensively to Section 269 of the Punjab Municipal Corporation Act, the Court held that the statute clearly vests jurisdiction to examine the legality of demolition orders in the Court of the District Judge and expressly bars other courts from entertaining proceedings against such orders.Upholding the preliminary objection, the High Court disposed of the writ petition, relegating the petitioner to avail the alternate statutory remedy of appeal under Section 269 of the Punjab Municipal Corporation Act, 1976.The Court clarified that since no adjudication on merits had been undertaken, any observations made in the order were confined solely to the issue of maintainability and would not prejudice the petitioner before the appellate authority or in any other proceedings.Mr. Chetan Mittal, Senior Advocate and Mr. Gaurav Chopra, Senior Advocate with Mr. Mayank Aggarwal, Advocate Mr. Swapnil Gupta, Mr. Himanshu Bindal, Mr. Prateek Gupta, Mr. Swapnil Gupta, Mr. Pranshu Goyal, Mr. Avichal Sharma, Mr. Anmol Rai Garg, Advocates for the petitioner.Mr. Chanchal Kumar Singla, Addl. A.G. Punjab, assisted by Ms. Kavita Joshi, Advocate for respondent No.1.Mr. Maninderjit Singh Bedi, Advocate General, assisted by Mr. Ferry Sofat, Advocate and Mr. Sangam Garg, Advocate for respondent No.2.Title: CHOPRA HOTELS PRIVATE LIMITED v. STATE OF PUNJAB AND ANOTHERClick here to read order

Punjab & Haryana High Court Declines To Entertain Punjab Kesari Group Hotel's Plea Against Demolition, Rejects 'Political Vendetta' Claim

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