JUDGEMENT
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(1.)This writ petition has been preferred by persons who are residents of various colonies in Phagwara, which are admittedly unauthorized colonies and are challenging the notification dated 21.08.2013 (Annexure P-1) issued by the State of Punjab terming it to be illegal, unjust, unconstitutional and arbitrary.
(2.)It is the contention of the counsel for the petitioners that the notification under challenge is a policy framed by the Government of Punjab while implementing the provisions of the Punjab Laws (Special Provisions) Act, 2013, which provides for compounding of violations of the unauthorized colonies by punishing the violaters by way of imposing suitable charges/fee in order to compound their offences and for those individuals who have been entrapped by unscrupulous colonizers so that they can be provided the basic amenties at the costs fixed. This policy, which has been formulated, cannot withstand the test of equality as laid down under Article 14 of the Constitution of India and elaborated by the Supreme Court in the judgment of D. S. Nakara vs. Union of India, 1983 AIR(SC) 130. The test of permissible classification, which must be founded on an itelligible differentia which distinguishes persons or things grouped together from those who are left out, is violated. Further, there is no rational relation to the objectives sought to be achieved by the policy as the classification is not only unjust but without any basis. On this principle, he also asserts that the cut off date of 17.08.2007 fixed for prescribing different rates for composition fee for regularization of unauthorized colonies provided for constructions made prior to and after this date, is totally arbitrary and without any basis and thus, cannot sustain.
(3.)There is no rationale for fixing the said date and is devoid of the nexus with the objectives sought to be achieved by the said policy. He submits that the same charges should have been taken from all the residents/developers of the unauthorized colonies.
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