Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
2026 INSC 335
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS…………………..OF 2026
(ARISING OUT OF SLP (C) NO(S). 9321-9322 OF 2026)
M/S CHOPRA HOTELS
PRIVATE LIMITED …APPELLANT(S)
VERSUS
HARBINDER SINGH SEKHON & ORS. …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The present appeals arise from the judgment and order
dated 26.02.2026 passed by the High Court of Punjab
1
and Haryana at Chandigarh in C.M. No. 2967-CWP-
2026 and C.M. No. 2968-CWP-2026 in CWP No. 38742 of
2025, whereby the High Court dismissed the applications
filed by the Appellant seeking impleadment in the writ
proceedings as well as clarification / modification of the
interim order dated 24.12.2025 passed in the said writ
petition.
3. The facts giving rise to the present appeals are as follows:
3.1. The Appellant is the owner of property bearing No. B-XIII-
Signature Not Verified
Digitally signed by
SHIPRA NARANG
Date: 2026.04.08
17:39:43 IST
Reason:
294, Police Lines Road, Jalandhar. Change of land use
1
High Court
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 1
from residential to commercial was granted in respect of
the said property on 09.10.2006. Thereafter, on
28.04.2011, the Municipal Corporation, Jalandhar
approved the building plan for construction of a hotel on
the said property. On 31.07.2024, the Appellant applied
for issuance of a completion certificate. During that
process, a discrepancy relating to the front setback was
pointed out. According to the Appellant, the discrepancy
arose because the plot on site was trapezium shaped,
whereas the sanctioned plan depicted it as rectangular.
3.2. On 15.12.2025, the State of Punjab notified the Punjab
2
Unified Building Rules, 2025 . According to the
Appellant, under the 2025 Rules the minimum front
setback requirement for commercial buildings stood
reduced to 10 per cent, and the building of the Appellant,
which is stated to maintain a front setback of 15.37 per
cent, became compliant with the said regime. The 2025
Rules were thereafter challenged before the High Court in
CWP No. 38742 of 2025. By interim order dated
24.12.2025, the High Court directed that those
provisions of the notification dated 15.12.2025 which
were inconsistent with the earlier Rules and Regulations
be kept in abeyance. The High Court further directed that
violations which were qualified as violations under the
previous Rules and Regulations be not regularized.
3.3. According to the Appellant, the interim order dated
24.12.2025 thereafter came to be relied upon by the
2
2025 Rules
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 2
municipal authorities while proceeding against its
building. On 05.02.2026, the premises on the said
property were sealed. On 06.02.2026, a demolition order
was issued by the Municipal Corporation, Jalandhar. The
Appellant challenged the said action by filing CWP No.
4023 of 2026 before the High Court. By order dated
10.02.2026, the High Court declined to entertain the writ
petition and relegated the Appellant to the statutory
remedy available under Section 269 of the Punjab
3
Municipal Corporation Act, 1976 . The Appellant then
carried the matter in LPA No. 415 of 2026. By order dated
12.02.2026, the Division Bench disposed of the appeal
while relegating the Appellant to the statutory remedy
before the competent appellate forum and granted limited
protection against precipitative action till 16.02.2026 or
till the filing of the appropriate plea, whichever was
earlier.
3.4. On 12.02.2026, the Appellant submitted a representation
to the Municipal Corporation, Jalandhar asserting that
the property stood on commercial land, that the building
maintained a front setback of 15.37 per cent, and that it
was compliant with the 2025 Rules. On 13.02.2026, the
Appellant also submitted revised building plans seeking
approval for use of the building as a commercial complex
in terms of the 2025 Rules. The said requests came to be
rejected by orders dated 13.02.2026 and 14.02.2026,
which were communicated on 16.02.2026.
3
1976 Act
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 3
3.5. The Appellant also preferred an appeal under Section 269
of the 1976 Act before the Additional District Judge,
Jalandhar against the demolition order dated
06.02.2026. By order dated 17.02.2026, notice was
issued in the appeal, but interim protection was declined.
Aggrieved thereby, the Appellant approached the High
Court by filing CR No. 1728 of 2026. By order dated
18.02.2026, the High Court directed that till the decision
of the statutory appeal no coercive action shall be taken
against the Appellant in the matter.
3.6. Since the Appellant’s case was that the interim order
dated 24.12.2025 passed in CWP No. 38742 of 2025 was
being relied upon to deny to it the benefit of the 2025
Rules, the Appellant moved two applications in the said
writ petition on 20.02.2026. By the first application,
being C.M. No. 2967-CWP-2026, the Appellant sought
impleadment in the writ petition. By the second
application, being C.M. No. 2968-CWP-2026, the
Appellant sought clarification/modification of the interim
order dated 24.12.2025. It is also material to note that on
05.02.2026, the High Court had allowed an impleadment
application filed by one KCB Infra LLP in the said writ
petition.
3.7. The aforesaid applications filed by the Appellant in CWP
No. 38742 of 2025 came to be dismissed by the High
Court by the impugned order dated 26.02.2026. The High
Court observed that the Appellant had no lis before that
Court, that it was at liberty to agitate its grievance before
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 4
the proper forum, and that it was not a necessary party
to the case. On that reasoning, the application for
impleadment was dismissed and the prayer for
clarification of the order dated 24.12.2025 was also
declined.
3.8. Aggrieved by the order dated 26.02.2026, the Appellant
approached this Court by way of Special Leave Petition
(Civil) Nos. 9321-9322 of 2026, out of which the present
appeals arise. The matter was listed on 13.03.2026. On
that date, this Court issued notice, and further directed
that until further orders, the further proceedings in
question pending before the High Court shall remain
stayed.
3.9. In the meantime, since the Appellant’s request for
treatment of the building as a commercial building under
the 2025 Rules had been rejected, the Appellant filed
CWP No. 5839 of 2026 before the High Court assailing
the rejection of its representation and the refusal to
consider the revised building plan under the 2025 Rules.
By order dated 16.03.2026, the learned Single Judge
dismissed the said writ petition. While doing so, the
learned Single Judge held that once the operation of the
2025 Rules had been ordered to be kept in abeyance by
the Division Bench by order dated 24.12.2025 passed in
CWP No. 38742 of 2025, there was no occasion at that
stage for consideration of the revised building plan dated
13.02.2026 submitted by the Appellant in accordance
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 5
with the 2025 Rules seeking change of usage from a hotel
building to a commercial building.
3.10. The Appellant assailed the order dated 16.03.2026 by
filing LPA No. 760 of 2026 before the High Court. The
later record shows that the said Letters Patent Appeal
was listed before the Division Bench and stood adjourned
to 24.03.2026.
3.11. Insofar as the statutory appeal under Section 269 of the
1976 Act is concerned, the said appeal came to be
dismissed by the Additional District Judge, Jalandhar on
17.03.2026. The Appellant then approached the High
Court by filing CR No. 2579 of 2026. In the proceedings
of the said revision petition, the High Court recorded on
17.03.2026 that the order of the appellate court had been
pronounced at 05:00 PM and that demolition had
commenced at 05:30 PM. The High Court further
recorded the statement of the learned Advocate General,
on instructions from the Commissioner, Municipal
Corporation, Jalandhar, that the demolition would be
stopped immediately to await the hearing of the revision
petition on the next day. The High Court made it clear
that the State would remain bound by the said statement
and that any demolition after 10:10 PM on 17.03.2026
would be in violation of its order passed on the same date.
3.12. On 18.03.2026, the High Court in CR No. 2579 of 2026
observed that the question of the Appellant’s
impleadment in the writ petition challenging the 2025
Rules rested upon its right to be considered under the
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 6
2025 Rules. The High Court further observed that the
issue with respect to the operation of the 2025 Rules to
the building in question, as decided by the learned Single
Judge, was the subject matter of challenge in the intra
court appeal. On that basis, the High Court held that the
revision petition required adjudication only after the
rights of the Appellant to be considered under the 2025
Rules had been determined. The High Court also
recorded the submission of the learned Advocate General
that no demolition shall be carried out till the intra court
appeal, i.e., LPA No. 760 of 2026 is finally decided.
Thereafter, the High Court ordered CR No. 2579 of 2026
to be listed along with LPA No. 760 of 2026.
3.13. On 24.03.2026, LPA No. 760 of 2026 and CR No. 2579 of
2026 were taken up together by the High Court. On that
date, a request for adjournment was made on behalf of
the Appellant. The High Court accepted the said request,
though opposing submissions were advanced on behalf
of the State, and adjourned both matters to 01.04.2026.
The High Court also recorded the submission of the
learned Advocate General, Punjab that the statement
recorded in CR No. 2579 of 2026 in the order dated
18.03.2026 would operate only till the next date of
hearing 01.04.2026, as he had specific instructions not
to continue with such statement in relation to demolition
of the property in question.
3.14. Meanwhile, the Appellant filed an interlocutory
application, being I.A. No. 90210 of 2026, for directions
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 7
before this Court placing on record the subsequent
developments, including the dismissal of CWP No. 5839
of 2026, the filing of LPA No. 760 of 2026, the dismissal
of the statutory appeal, and the later proceedings in CR
No. 2579 of 2026. By the said application, the Appellant
prayed that CWP No. 38742 of 2025 and LPA No. 760 of
2026 pending before the High Court be taken up together
after disposal of the present matter and that the hearing
of LPA No. 760 of 2026 be deferred to await the outcome
of the present proceedings before this Court.
4. It is in the backdrop of this sequence of proceedings,
namely the interim order dated 24.12.2025 in CWP No.
38742 of 2025, the rejection of the Appellant’s request to
avail the benefit of the 2025 Rules, the dismissal of CWP
No. 5839 of 2026, the pendency of LPA No. 760 of 2026,
the later proceedings in CR No. 2579 of 2026 arising out
of the demolition order, the orders dated 17.03.2026,
18.03.2026 and 24.03.2026 passed by the High Court in
the said matters, and the order dated 13.03.2026 passed
by this Court, that the present appeals fall for
consideration. On 01.04.2026 while reserving orders, this
Court had passed the following order:
“We have heard learned senior counsel of the
parties.
Mr. Shadan Farasat, learned senior counsel
appearing for the State of Punjab, has made a
statement that no demolition will take place till this
Court passes the orders.
Orders reserved.”
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 8
List the matters on 08.04.2026 for delivery of
orders.”
5. We have heard Dr. A.M. Singhvi, learned senior counsel
for the Appellant and Mr. Shadan Farasat, Mr. Gopal
Shankarnarayanan and Mr. Balbir Singh, learned senior
counsels for the Respondents.
6. Having perused the submissions advanced by the parties
and the material on record, we are of the view that the
controversy in the present appeals is limited, though the
subsequent developments are relevant for moulding the
relief. The present appeals arise from the order dated
26.02.2026, whereby the High Court declined the prayer
of the Appellant to be impleaded in CWP No. 38742 of
2025 and also declined the prayer for clarification /
modification of the interim order dated 24.12.2025. The
question that therefore falls for consideration is whether
the High Court was justified in holding that the Appellant
had no lis before it and was not entitled to be heard in
the said proceedings, and, if not, what consequential
directions ought to follow in relation to the Appellant’s
participation in CWP No. 38742 of 2025 and the further
course to be adopted in respect of LPA No. 760 of 2026
and CR No. 2579 of 2026.
7. The principles governing impleadment are well settled.
Though proceedings under Article 226 of the Constitution
of India are not to be controlled by the technicalities of
pleadings as in an ordinary civil suit, the principles
underlying Order I Rule 10 of the Code of Civil Procedure,
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 9
1908 continue to furnish sound guidance. In Mumbai
International Airport Private Limited v. Regency
4
Convention Centre and Hotels Private Limited , this
Court explained the distinction between a necessary
party and a proper party. A necessary party is one
without whom no effective order can be passed. A proper
party is one whose presence enables the Court to
completely, effectively and adequately adjudicate upon
the questions involved. In writ proceedings, where the
Court is called upon to interpret the scope and operation
of an interim order already passed by it, a person who is
shown to be directly and demonstrably affected by that
order cannot be shut out merely because such person
was not an original party to the principal challenge.
8. Tested on the aforesaid principles, we are unable to
sustain the view taken by the High Court that the
Appellant had no lis before it. The record before us shows
that the interim order dated 24.12.2025 in CWP No.
38742 of 2025 did not remain confined to an abstract
challenge to the 2025 Rules. The said order was in fact
relied upon by the municipal authorities while dealing
with the case of the Appellant. The representations and
revised plans submitted by the Appellant for availing the
benefit of the 2025 Rules came to be rejected on the
footing that the provisions of the 2025 Rules stood kept
in abeyance by the order dated 24.12.2025. The learned
Single Judge, while dismissing CWP No. 5839 of 2026 on
4
(2010) 7 SCC 417.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 10
16.03.2026, also proceeded on the same basis and
expressly held that, since the operation of the 2025 Rules
had been kept in abeyance by the Division Bench in CWP
No. 38742 of 2025, there was no occasion to consider the
revised building plan dated 13.02.2026 submitted by the
Appellant in accordance with the 2025 Rules. The
subsequent proceedings therefore place the matter
beyond doubt that the order dated 24.12.2025 had direct
and immediate consequences for the Appellant.
9. Once that position emerges from the record, the
conclusion that the Appellant had no lis before the High
Court cannot be accepted. The Appellant may not have
been an original party to the broader challenge laid in
CWP No. 38742 of 2025. It may also be that no final
determination on the merits of the 2025 Rules was called
for at the instance of the Appellant in those proceedings.
Yet, when the Appellant demonstrated that the interim
order passed in the said writ petition was being invoked
to its detriment and was materially affecting the
treatment of its property by the authorities, the Appellant
could not be regarded as a stranger to the controversy. At
the very least, the Appellant was a proper party whose
presence would enable the High Court to deal in a fuller
and fairer manner with the consequences of its own
interim order. It is also of some significance that the High
Court had earlier permitted impleadment of another
party in the same writ petition. That circumstance shows
that the proceedings were not viewed by the High Court
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 11
itself as impervious to the participation of persons other
than the original parties, where the facts so warranted.
10. We are equally of the view that the manner in which the
prayer for clarification/modification was rejected cannot
be sustained. Once the High Court was shown that its
interim order dated 24.12.2025 was being employed by
the authorities in relation to the Appellant’s building, the
request could not have been disposed of merely by
observing that the Appellant was free to pursue another
remedy. The grievance of the Appellant was not detached
from the writ proceedings. It arose precisely from the
operation attributed by the authorities and by the learned
Single Judge to the order dated 24.12.2025 passed in
CWP No. 38742 of 2025. Whether the Appellant was
ultimately entitled to the benefit of the 2025 Rules was,
no doubt, a matter requiring adjudication in appropriate
proceedings. But the High Court could not, while
declining impleadment, altogether deny to the Appellant
an opportunity of being heard in the very proceedings
from which the prejudice was asserted to arise.
11. At the same time, we do not consider it either necessary
or appropriate in the present appeals to ourselves
pronounce upon the exact ambit of the interim order
dated 24.12.2025 or upon the applicability of the 2025
Rules to the Appellant’s building. Any such
pronouncement would travel beyond the contours of the
present appeals and trench upon issues which arise in
the parent writ proceedings as well as in the independent
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 12
proceedings instituted by the Appellant. The proper
course, in our view, is to set right the procedural
exclusion occasioned to the Appellant and to leave all
substantive questions open for consideration by the High
Court in the proceedings where they properly arise.
12. This brings us to the subsequent developments,
particularly LPA No. 760 of 2026 and CR No. 2579 of
2026. The order dated 16.03.2026 passed in CWP No.
5839 of 2026 makes it clear that the learned Single Judge
declined relief to the Appellant on the ground that the
operation of the 2025 Rules had already been kept in
abeyance by the Division Bench order dated 24.12.2025
passed in CWP No. 38742 of 2025. The orders dated
18.03.2026 and 24.03.2026 further show that the
question regarding the Appellant’s right to be considered
under the 2025 Rules, the maintainability of its claim to
be heard in the writ proceedings, the challenge pending
in LPA No. 760 of 2026, and the revision proceedings
arising from the demolition action were all being treated
as closely interlinked. It cannot therefore be denied that
there is a clear and substantial overlap between the
present appeals, the proceedings in CWP No. 38742 of
2025, LPA No. 760 of 2026, and CR No. 2579 of 2026.
13. At the same time, overlap is not the same thing as
identity. The present appeals arise out of the order dated
26.02.2026 refusing impleadment and refusing
clarification/modification in CWP No. 38742 of 2025. LPA
No. 760 of 2026 arises out of the dismissal of CWP No.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 13
5839 of 2026, which was an independent writ petition
instituted by the Appellant against the rejection of its
representation and revised plans. CR No. 2579 of 2026,
in turn, arises out of the dismissal of the statutory appeal
under Section 269 of the 1976 Act. Both the intra court
appeal and the civil revision are thus separate
proceedings arising from distinct causes, even though
each is affected, in part, by the effect attributed to the
order dated 24.12.2025. The mere circumstance that one
proceeding may furnish part of the legal backdrop of
another does not, by itself, require that the latter
proceedings be kept in abeyance until the former attains
finality. Unless there is a statutory interdict, or unless
the nature of the controversy is such that the later
proceeding cannot at all be meaningfully adjudicated
without first deciding the former, the Court must be slow
to render otherwise maintainable remedies dormant for
an indefinite period.
14. We find no such compelling reason in the present case to
direct that LPA No. 760 of 2026 and CR No. 2579 of 2026
should remain suspended until the final disposal of the
broader challenge in CWP No. 38742 of 2025. The High
Court, while hearing the said proceedings, would remain
fully competent to examine the correctness of the orders
under challenge therein in the light of the pleadings
before it, the rejection orders and demolition proceedings
impugned therein, the effect of the order dated
24.12.2025, and any other contention available to the
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 14
parties in law. The fact that the High Court itself has been
taking up the said matters together also indicates that
their joint hearing would conduce to orderly and effective
adjudication. We may also note that one of the principal
submissions urged before us on behalf of the Learned
Senior Counsel Mr. Shadan Farasat for the Respondents
was that, even assuming the 2025 Rules were to apply,
and the challenge to the same would fail, the Appellant
would still not be entitled to succeed since, according to
the Respondents, the building of the Appellant does not
conform even to that regime. We express no opinion
whatsoever on the correctness of that submission.
However, the very nature of that submission shows that
the Respondents themselves do not place the matter on
the footing that the fate of CWP No. 38742 of 2025 is
inseparably dependent upon the outcome of LPA No. 760
of 2026 or CR No. 2579 of 2026. In other words, the
pendency of the parent writ does not denude the High
Court of jurisdiction to take up and decide LPA No. 760
of 2026 and CR No. 2579 of 2026. Nor does it follow that
such adjudication would necessarily prejudice the
determination in the parent writ, so long as the limits of
each proceeding are kept in view.
15. There is another aspect of the matter. To require the
Appellant to wait for the final decision in CWP No. 38742
of 2025 before LPA No. 760 of 2026 and CR No. 2579 of
2026 can even be heard would, in effect, postpone
adjudication of the Appellant’s independent remedies to
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 15
an uncertain stage. That course would not be justified on
the facts before us. The orders under challenge in those
proceedings have immediate civil consequences for the
Appellant because they concern, on the one hand, the
refusal to consider the Appellant’s case under the 2025
Rules and, on the other hand, the legality and
continuance of the demolition action. If such proceedings
are kept pending merely because a broader challenge to
the 2025 Rules is also pending, the result may well be to
make the available remedies illusory in practical terms.
Courts must ordinarily lean in favour of preserving, and
not stultifying, a remedy otherwise available in law,
particularly where the controversy is still live and the
consequences asserted by the party are continuing.
16. We are therefore of the view that the proper balance is to
recognize the interconnection of the proceedings without
collapsing them into one another. The Appellant cannot
be denied participation in CWP No. 38742 of 2025 when
the order passed therein has already produced
demonstrable civil consequences for it. At the same time,
it is neither necessary nor proper to hold that LPA No.
760 of 2026 and CR No. 2579 of 2026 must await the
final adjudication of the entire challenge in the parent
writ. Equally, there is no reason why CWP No. 38742 of
2025 itself should be held back merely because the
Appellant has independently instituted the said
proceedings. The ends of justice would be met by
permitting the Appellant to be impleaded in CWP No.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 16
38742 of 2025, by permitting the High Court to proceed
with CWP No. 38742 of 2025 independently of LPA No.
760 of 2026 and CR No. 2579 of 2026, by directing that
the said matters be taken up together, and by directing
that they be decided independently of CWP No. 38742 of
2025 on their own merits and in accordance with law,
uninfluenced by the reasons contained in the impugned
order dated 26.02.2026.
17. In view of the above, the appeals are allowed in the
aforesaid terms.
18. The judgment and order dated 26.02.2026 passed by the
High Court in C.M. No. 2967-CWP-2026 and C.M. No.
2968-CWP-2026 in CWP No. 38742 of 2025 is set aside.
C.M. No. 2967-CWP-2026 filed by the Appellant for
impleadment in CWP No. 38742 of 2025 shall stand
allowed. The Appellant shall be impleaded as a party
respondent in CWP No. 38742 of 2025. In view of the
order passed herein there is no need to pass any specific
order in C.M. No. 2968-CWP-2026. The same stands
disposed off.
19. The High Court shall be at liberty to proceed with CWP
No. 38742 of 2025 independently of LPA No. 760 of 2026
and CR No. 2579 of 2026.
20. LPA No. 760 of 2026 and CR No. 2579 of 2026 shall be
heard together and disposed of by the High Court
independently of CWP No. 38742 of 2025, on their own
merits and in accordance with law.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 17
21. The parties shall maintain status quo with respect to the
property in question until the disposal of LPA No. 760 of
2026 and CR No. 2579 of 2026 by the High Court.
22. It is made clear that this Court has not expressed any
opinion on the merits of the rival claims in CWP No.
38742 of 2025, LPA No. 760 of 2026, CR No. 2579 of
2026, or any other proceedings arising out of the
demolition action or the applicability of the 2025 Rules to
the building of the Appellant. All questions in that regard
are kept open.
23. Pending application(s), if any, shall stand disposed of.
………………………………..J.
[VIKRAM NATH]
………………………………..J.
[SANDEEP MEHTA]
NEW DELHI;
APRIL 08, 2026
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 18
IN THE SUPREME COURT OF INDIA
2026 INSC 335
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS…………………..OF 2026
(ARISING OUT OF SLP (C) NO(S). 9321-9322 OF 2026)
M/S CHOPRA HOTELS
PRIVATE LIMITED …APPELLANT(S)
VERSUS
HARBINDER SINGH SEKHON & ORS. …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The present appeals arise from the judgment and order
dated 26.02.2026 passed by the High Court of Punjab
1
and Haryana at Chandigarh in C.M. No. 2967-CWP-
2026 and C.M. No. 2968-CWP-2026 in CWP No. 38742 of
2025, whereby the High Court dismissed the applications
filed by the Appellant seeking impleadment in the writ
proceedings as well as clarification / modification of the
interim order dated 24.12.2025 passed in the said writ
petition.
3. The facts giving rise to the present appeals are as follows:
3.1. The Appellant is the owner of property bearing No. B-XIII-
Signature Not Verified
Digitally signed by
SHIPRA NARANG
Date: 2026.04.08
17:39:43 IST
Reason:
294, Police Lines Road, Jalandhar. Change of land use
1
High Court
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 1
from residential to commercial was granted in respect of
the said property on 09.10.2006. Thereafter, on
28.04.2011, the Municipal Corporation, Jalandhar
approved the building plan for construction of a hotel on
the said property. On 31.07.2024, the Appellant applied
for issuance of a completion certificate. During that
process, a discrepancy relating to the front setback was
pointed out. According to the Appellant, the discrepancy
arose because the plot on site was trapezium shaped,
whereas the sanctioned plan depicted it as rectangular.
3.2. On 15.12.2025, the State of Punjab notified the Punjab
2
Unified Building Rules, 2025 . According to the
Appellant, under the 2025 Rules the minimum front
setback requirement for commercial buildings stood
reduced to 10 per cent, and the building of the Appellant,
which is stated to maintain a front setback of 15.37 per
cent, became compliant with the said regime. The 2025
Rules were thereafter challenged before the High Court in
CWP No. 38742 of 2025. By interim order dated
24.12.2025, the High Court directed that those
provisions of the notification dated 15.12.2025 which
were inconsistent with the earlier Rules and Regulations
be kept in abeyance. The High Court further directed that
violations which were qualified as violations under the
previous Rules and Regulations be not regularized.
3.3. According to the Appellant, the interim order dated
24.12.2025 thereafter came to be relied upon by the
2
2025 Rules
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 2
municipal authorities while proceeding against its
building. On 05.02.2026, the premises on the said
property were sealed. On 06.02.2026, a demolition order
was issued by the Municipal Corporation, Jalandhar. The
Appellant challenged the said action by filing CWP No.
4023 of 2026 before the High Court. By order dated
10.02.2026, the High Court declined to entertain the writ
petition and relegated the Appellant to the statutory
remedy available under Section 269 of the Punjab
3
Municipal Corporation Act, 1976 . The Appellant then
carried the matter in LPA No. 415 of 2026. By order dated
12.02.2026, the Division Bench disposed of the appeal
while relegating the Appellant to the statutory remedy
before the competent appellate forum and granted limited
protection against precipitative action till 16.02.2026 or
till the filing of the appropriate plea, whichever was
earlier.
3.4. On 12.02.2026, the Appellant submitted a representation
to the Municipal Corporation, Jalandhar asserting that
the property stood on commercial land, that the building
maintained a front setback of 15.37 per cent, and that it
was compliant with the 2025 Rules. On 13.02.2026, the
Appellant also submitted revised building plans seeking
approval for use of the building as a commercial complex
in terms of the 2025 Rules. The said requests came to be
rejected by orders dated 13.02.2026 and 14.02.2026,
which were communicated on 16.02.2026.
3
1976 Act
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 3
3.5. The Appellant also preferred an appeal under Section 269
of the 1976 Act before the Additional District Judge,
Jalandhar against the demolition order dated
06.02.2026. By order dated 17.02.2026, notice was
issued in the appeal, but interim protection was declined.
Aggrieved thereby, the Appellant approached the High
Court by filing CR No. 1728 of 2026. By order dated
18.02.2026, the High Court directed that till the decision
of the statutory appeal no coercive action shall be taken
against the Appellant in the matter.
3.6. Since the Appellant’s case was that the interim order
dated 24.12.2025 passed in CWP No. 38742 of 2025 was
being relied upon to deny to it the benefit of the 2025
Rules, the Appellant moved two applications in the said
writ petition on 20.02.2026. By the first application,
being C.M. No. 2967-CWP-2026, the Appellant sought
impleadment in the writ petition. By the second
application, being C.M. No. 2968-CWP-2026, the
Appellant sought clarification/modification of the interim
order dated 24.12.2025. It is also material to note that on
05.02.2026, the High Court had allowed an impleadment
application filed by one KCB Infra LLP in the said writ
petition.
3.7. The aforesaid applications filed by the Appellant in CWP
No. 38742 of 2025 came to be dismissed by the High
Court by the impugned order dated 26.02.2026. The High
Court observed that the Appellant had no lis before that
Court, that it was at liberty to agitate its grievance before
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 4
the proper forum, and that it was not a necessary party
to the case. On that reasoning, the application for
impleadment was dismissed and the prayer for
clarification of the order dated 24.12.2025 was also
declined.
3.8. Aggrieved by the order dated 26.02.2026, the Appellant
approached this Court by way of Special Leave Petition
(Civil) Nos. 9321-9322 of 2026, out of which the present
appeals arise. The matter was listed on 13.03.2026. On
that date, this Court issued notice, and further directed
that until further orders, the further proceedings in
question pending before the High Court shall remain
stayed.
3.9. In the meantime, since the Appellant’s request for
treatment of the building as a commercial building under
the 2025 Rules had been rejected, the Appellant filed
CWP No. 5839 of 2026 before the High Court assailing
the rejection of its representation and the refusal to
consider the revised building plan under the 2025 Rules.
By order dated 16.03.2026, the learned Single Judge
dismissed the said writ petition. While doing so, the
learned Single Judge held that once the operation of the
2025 Rules had been ordered to be kept in abeyance by
the Division Bench by order dated 24.12.2025 passed in
CWP No. 38742 of 2025, there was no occasion at that
stage for consideration of the revised building plan dated
13.02.2026 submitted by the Appellant in accordance
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 5
with the 2025 Rules seeking change of usage from a hotel
building to a commercial building.
3.10. The Appellant assailed the order dated 16.03.2026 by
filing LPA No. 760 of 2026 before the High Court. The
later record shows that the said Letters Patent Appeal
was listed before the Division Bench and stood adjourned
to 24.03.2026.
3.11. Insofar as the statutory appeal under Section 269 of the
1976 Act is concerned, the said appeal came to be
dismissed by the Additional District Judge, Jalandhar on
17.03.2026. The Appellant then approached the High
Court by filing CR No. 2579 of 2026. In the proceedings
of the said revision petition, the High Court recorded on
17.03.2026 that the order of the appellate court had been
pronounced at 05:00 PM and that demolition had
commenced at 05:30 PM. The High Court further
recorded the statement of the learned Advocate General,
on instructions from the Commissioner, Municipal
Corporation, Jalandhar, that the demolition would be
stopped immediately to await the hearing of the revision
petition on the next day. The High Court made it clear
that the State would remain bound by the said statement
and that any demolition after 10:10 PM on 17.03.2026
would be in violation of its order passed on the same date.
3.12. On 18.03.2026, the High Court in CR No. 2579 of 2026
observed that the question of the Appellant’s
impleadment in the writ petition challenging the 2025
Rules rested upon its right to be considered under the
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 6
2025 Rules. The High Court further observed that the
issue with respect to the operation of the 2025 Rules to
the building in question, as decided by the learned Single
Judge, was the subject matter of challenge in the intra
court appeal. On that basis, the High Court held that the
revision petition required adjudication only after the
rights of the Appellant to be considered under the 2025
Rules had been determined. The High Court also
recorded the submission of the learned Advocate General
that no demolition shall be carried out till the intra court
appeal, i.e., LPA No. 760 of 2026 is finally decided.
Thereafter, the High Court ordered CR No. 2579 of 2026
to be listed along with LPA No. 760 of 2026.
3.13. On 24.03.2026, LPA No. 760 of 2026 and CR No. 2579 of
2026 were taken up together by the High Court. On that
date, a request for adjournment was made on behalf of
the Appellant. The High Court accepted the said request,
though opposing submissions were advanced on behalf
of the State, and adjourned both matters to 01.04.2026.
The High Court also recorded the submission of the
learned Advocate General, Punjab that the statement
recorded in CR No. 2579 of 2026 in the order dated
18.03.2026 would operate only till the next date of
hearing 01.04.2026, as he had specific instructions not
to continue with such statement in relation to demolition
of the property in question.
3.14. Meanwhile, the Appellant filed an interlocutory
application, being I.A. No. 90210 of 2026, for directions
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 7
before this Court placing on record the subsequent
developments, including the dismissal of CWP No. 5839
of 2026, the filing of LPA No. 760 of 2026, the dismissal
of the statutory appeal, and the later proceedings in CR
No. 2579 of 2026. By the said application, the Appellant
prayed that CWP No. 38742 of 2025 and LPA No. 760 of
2026 pending before the High Court be taken up together
after disposal of the present matter and that the hearing
of LPA No. 760 of 2026 be deferred to await the outcome
of the present proceedings before this Court.
4. It is in the backdrop of this sequence of proceedings,
namely the interim order dated 24.12.2025 in CWP No.
38742 of 2025, the rejection of the Appellant’s request to
avail the benefit of the 2025 Rules, the dismissal of CWP
No. 5839 of 2026, the pendency of LPA No. 760 of 2026,
the later proceedings in CR No. 2579 of 2026 arising out
of the demolition order, the orders dated 17.03.2026,
18.03.2026 and 24.03.2026 passed by the High Court in
the said matters, and the order dated 13.03.2026 passed
by this Court, that the present appeals fall for
consideration. On 01.04.2026 while reserving orders, this
Court had passed the following order:
“We have heard learned senior counsel of the
parties.
Mr. Shadan Farasat, learned senior counsel
appearing for the State of Punjab, has made a
statement that no demolition will take place till this
Court passes the orders.
Orders reserved.”
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 8
List the matters on 08.04.2026 for delivery of
orders.”
5. We have heard Dr. A.M. Singhvi, learned senior counsel
for the Appellant and Mr. Shadan Farasat, Mr. Gopal
Shankarnarayanan and Mr. Balbir Singh, learned senior
counsels for the Respondents.
6. Having perused the submissions advanced by the parties
and the material on record, we are of the view that the
controversy in the present appeals is limited, though the
subsequent developments are relevant for moulding the
relief. The present appeals arise from the order dated
26.02.2026, whereby the High Court declined the prayer
of the Appellant to be impleaded in CWP No. 38742 of
2025 and also declined the prayer for clarification /
modification of the interim order dated 24.12.2025. The
question that therefore falls for consideration is whether
the High Court was justified in holding that the Appellant
had no lis before it and was not entitled to be heard in
the said proceedings, and, if not, what consequential
directions ought to follow in relation to the Appellant’s
participation in CWP No. 38742 of 2025 and the further
course to be adopted in respect of LPA No. 760 of 2026
and CR No. 2579 of 2026.
7. The principles governing impleadment are well settled.
Though proceedings under Article 226 of the Constitution
of India are not to be controlled by the technicalities of
pleadings as in an ordinary civil suit, the principles
underlying Order I Rule 10 of the Code of Civil Procedure,
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 9
1908 continue to furnish sound guidance. In Mumbai
International Airport Private Limited v. Regency
4
Convention Centre and Hotels Private Limited , this
Court explained the distinction between a necessary
party and a proper party. A necessary party is one
without whom no effective order can be passed. A proper
party is one whose presence enables the Court to
completely, effectively and adequately adjudicate upon
the questions involved. In writ proceedings, where the
Court is called upon to interpret the scope and operation
of an interim order already passed by it, a person who is
shown to be directly and demonstrably affected by that
order cannot be shut out merely because such person
was not an original party to the principal challenge.
8. Tested on the aforesaid principles, we are unable to
sustain the view taken by the High Court that the
Appellant had no lis before it. The record before us shows
that the interim order dated 24.12.2025 in CWP No.
38742 of 2025 did not remain confined to an abstract
challenge to the 2025 Rules. The said order was in fact
relied upon by the municipal authorities while dealing
with the case of the Appellant. The representations and
revised plans submitted by the Appellant for availing the
benefit of the 2025 Rules came to be rejected on the
footing that the provisions of the 2025 Rules stood kept
in abeyance by the order dated 24.12.2025. The learned
Single Judge, while dismissing CWP No. 5839 of 2026 on
4
(2010) 7 SCC 417.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 10
16.03.2026, also proceeded on the same basis and
expressly held that, since the operation of the 2025 Rules
had been kept in abeyance by the Division Bench in CWP
No. 38742 of 2025, there was no occasion to consider the
revised building plan dated 13.02.2026 submitted by the
Appellant in accordance with the 2025 Rules. The
subsequent proceedings therefore place the matter
beyond doubt that the order dated 24.12.2025 had direct
and immediate consequences for the Appellant.
9. Once that position emerges from the record, the
conclusion that the Appellant had no lis before the High
Court cannot be accepted. The Appellant may not have
been an original party to the broader challenge laid in
CWP No. 38742 of 2025. It may also be that no final
determination on the merits of the 2025 Rules was called
for at the instance of the Appellant in those proceedings.
Yet, when the Appellant demonstrated that the interim
order passed in the said writ petition was being invoked
to its detriment and was materially affecting the
treatment of its property by the authorities, the Appellant
could not be regarded as a stranger to the controversy. At
the very least, the Appellant was a proper party whose
presence would enable the High Court to deal in a fuller
and fairer manner with the consequences of its own
interim order. It is also of some significance that the High
Court had earlier permitted impleadment of another
party in the same writ petition. That circumstance shows
that the proceedings were not viewed by the High Court
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 11
itself as impervious to the participation of persons other
than the original parties, where the facts so warranted.
10. We are equally of the view that the manner in which the
prayer for clarification/modification was rejected cannot
be sustained. Once the High Court was shown that its
interim order dated 24.12.2025 was being employed by
the authorities in relation to the Appellant’s building, the
request could not have been disposed of merely by
observing that the Appellant was free to pursue another
remedy. The grievance of the Appellant was not detached
from the writ proceedings. It arose precisely from the
operation attributed by the authorities and by the learned
Single Judge to the order dated 24.12.2025 passed in
CWP No. 38742 of 2025. Whether the Appellant was
ultimately entitled to the benefit of the 2025 Rules was,
no doubt, a matter requiring adjudication in appropriate
proceedings. But the High Court could not, while
declining impleadment, altogether deny to the Appellant
an opportunity of being heard in the very proceedings
from which the prejudice was asserted to arise.
11. At the same time, we do not consider it either necessary
or appropriate in the present appeals to ourselves
pronounce upon the exact ambit of the interim order
dated 24.12.2025 or upon the applicability of the 2025
Rules to the Appellant’s building. Any such
pronouncement would travel beyond the contours of the
present appeals and trench upon issues which arise in
the parent writ proceedings as well as in the independent
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 12
proceedings instituted by the Appellant. The proper
course, in our view, is to set right the procedural
exclusion occasioned to the Appellant and to leave all
substantive questions open for consideration by the High
Court in the proceedings where they properly arise.
12. This brings us to the subsequent developments,
particularly LPA No. 760 of 2026 and CR No. 2579 of
2026. The order dated 16.03.2026 passed in CWP No.
5839 of 2026 makes it clear that the learned Single Judge
declined relief to the Appellant on the ground that the
operation of the 2025 Rules had already been kept in
abeyance by the Division Bench order dated 24.12.2025
passed in CWP No. 38742 of 2025. The orders dated
18.03.2026 and 24.03.2026 further show that the
question regarding the Appellant’s right to be considered
under the 2025 Rules, the maintainability of its claim to
be heard in the writ proceedings, the challenge pending
in LPA No. 760 of 2026, and the revision proceedings
arising from the demolition action were all being treated
as closely interlinked. It cannot therefore be denied that
there is a clear and substantial overlap between the
present appeals, the proceedings in CWP No. 38742 of
2025, LPA No. 760 of 2026, and CR No. 2579 of 2026.
13. At the same time, overlap is not the same thing as
identity. The present appeals arise out of the order dated
26.02.2026 refusing impleadment and refusing
clarification/modification in CWP No. 38742 of 2025. LPA
No. 760 of 2026 arises out of the dismissal of CWP No.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 13
5839 of 2026, which was an independent writ petition
instituted by the Appellant against the rejection of its
representation and revised plans. CR No. 2579 of 2026,
in turn, arises out of the dismissal of the statutory appeal
under Section 269 of the 1976 Act. Both the intra court
appeal and the civil revision are thus separate
proceedings arising from distinct causes, even though
each is affected, in part, by the effect attributed to the
order dated 24.12.2025. The mere circumstance that one
proceeding may furnish part of the legal backdrop of
another does not, by itself, require that the latter
proceedings be kept in abeyance until the former attains
finality. Unless there is a statutory interdict, or unless
the nature of the controversy is such that the later
proceeding cannot at all be meaningfully adjudicated
without first deciding the former, the Court must be slow
to render otherwise maintainable remedies dormant for
an indefinite period.
14. We find no such compelling reason in the present case to
direct that LPA No. 760 of 2026 and CR No. 2579 of 2026
should remain suspended until the final disposal of the
broader challenge in CWP No. 38742 of 2025. The High
Court, while hearing the said proceedings, would remain
fully competent to examine the correctness of the orders
under challenge therein in the light of the pleadings
before it, the rejection orders and demolition proceedings
impugned therein, the effect of the order dated
24.12.2025, and any other contention available to the
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 14
parties in law. The fact that the High Court itself has been
taking up the said matters together also indicates that
their joint hearing would conduce to orderly and effective
adjudication. We may also note that one of the principal
submissions urged before us on behalf of the Learned
Senior Counsel Mr. Shadan Farasat for the Respondents
was that, even assuming the 2025 Rules were to apply,
and the challenge to the same would fail, the Appellant
would still not be entitled to succeed since, according to
the Respondents, the building of the Appellant does not
conform even to that regime. We express no opinion
whatsoever on the correctness of that submission.
However, the very nature of that submission shows that
the Respondents themselves do not place the matter on
the footing that the fate of CWP No. 38742 of 2025 is
inseparably dependent upon the outcome of LPA No. 760
of 2026 or CR No. 2579 of 2026. In other words, the
pendency of the parent writ does not denude the High
Court of jurisdiction to take up and decide LPA No. 760
of 2026 and CR No. 2579 of 2026. Nor does it follow that
such adjudication would necessarily prejudice the
determination in the parent writ, so long as the limits of
each proceeding are kept in view.
15. There is another aspect of the matter. To require the
Appellant to wait for the final decision in CWP No. 38742
of 2025 before LPA No. 760 of 2026 and CR No. 2579 of
2026 can even be heard would, in effect, postpone
adjudication of the Appellant’s independent remedies to
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 15
an uncertain stage. That course would not be justified on
the facts before us. The orders under challenge in those
proceedings have immediate civil consequences for the
Appellant because they concern, on the one hand, the
refusal to consider the Appellant’s case under the 2025
Rules and, on the other hand, the legality and
continuance of the demolition action. If such proceedings
are kept pending merely because a broader challenge to
the 2025 Rules is also pending, the result may well be to
make the available remedies illusory in practical terms.
Courts must ordinarily lean in favour of preserving, and
not stultifying, a remedy otherwise available in law,
particularly where the controversy is still live and the
consequences asserted by the party are continuing.
16. We are therefore of the view that the proper balance is to
recognize the interconnection of the proceedings without
collapsing them into one another. The Appellant cannot
be denied participation in CWP No. 38742 of 2025 when
the order passed therein has already produced
demonstrable civil consequences for it. At the same time,
it is neither necessary nor proper to hold that LPA No.
760 of 2026 and CR No. 2579 of 2026 must await the
final adjudication of the entire challenge in the parent
writ. Equally, there is no reason why CWP No. 38742 of
2025 itself should be held back merely because the
Appellant has independently instituted the said
proceedings. The ends of justice would be met by
permitting the Appellant to be impleaded in CWP No.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 16
38742 of 2025, by permitting the High Court to proceed
with CWP No. 38742 of 2025 independently of LPA No.
760 of 2026 and CR No. 2579 of 2026, by directing that
the said matters be taken up together, and by directing
that they be decided independently of CWP No. 38742 of
2025 on their own merits and in accordance with law,
uninfluenced by the reasons contained in the impugned
order dated 26.02.2026.
17. In view of the above, the appeals are allowed in the
aforesaid terms.
18. The judgment and order dated 26.02.2026 passed by the
High Court in C.M. No. 2967-CWP-2026 and C.M. No.
2968-CWP-2026 in CWP No. 38742 of 2025 is set aside.
C.M. No. 2967-CWP-2026 filed by the Appellant for
impleadment in CWP No. 38742 of 2025 shall stand
allowed. The Appellant shall be impleaded as a party
respondent in CWP No. 38742 of 2025. In view of the
order passed herein there is no need to pass any specific
order in C.M. No. 2968-CWP-2026. The same stands
disposed off.
19. The High Court shall be at liberty to proceed with CWP
No. 38742 of 2025 independently of LPA No. 760 of 2026
and CR No. 2579 of 2026.
20. LPA No. 760 of 2026 and CR No. 2579 of 2026 shall be
heard together and disposed of by the High Court
independently of CWP No. 38742 of 2025, on their own
merits and in accordance with law.
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 17
21. The parties shall maintain status quo with respect to the
property in question until the disposal of LPA No. 760 of
2026 and CR No. 2579 of 2026 by the High Court.
22. It is made clear that this Court has not expressed any
opinion on the merits of the rival claims in CWP No.
38742 of 2025, LPA No. 760 of 2026, CR No. 2579 of
2026, or any other proceedings arising out of the
demolition action or the applicability of the 2025 Rules to
the building of the Appellant. All questions in that regard
are kept open.
23. Pending application(s), if any, shall stand disposed of.
………………………………..J.
[VIKRAM NATH]
………………………………..J.
[SANDEEP MEHTA]
NEW DELHI;
APRIL 08, 2026
C.A. @ SLP (C) NOS. 9321-9322 OF 2026 18