CR-4820-2026 ININININ TTHETTHETTHETTHE HIGHHIGHHIGHHIGH COURTCOURTCOURTCOURT OFOFOFOF PUNJAPUNJAPUNJAPUNJAABABABAB ANDANDANDAND HARYANAHARYANAHARYANAHARYANA ATATATAT CHANDIGACHANDIGACHANDIGACHANDIGAARHARHARHARH 158+388 CM-13269CMCCMCM 13269-CII1326913269 CII-2026CIICII 202620262026 IN/ANDIN/ANDIN/ANDIN/AND CR-4820CRCRCR 4820-202648204820 202620262026 (O&M)(O&M)(O&M)(O&M) DecidedDecidedDecidedDecided onononon :::: 13.07131313.07.2026.07.07.2026.2026.2026 Hari Channd Hans ...Petitioner Versus Balwinderr Singh (deceased) through LRs aand others ...Respondents CORAM:CORAM:CORAM:CORAM: HON’BLEHON’BLEHON’BLEHON’BLE MS.MS.MS.MS. JUSTICEJUSTICEJUSTICEJUSTICE HARHARHARHARRPREETRPREETRPREETRPREET KAURKAURKAURKAUR JEEWANJEEWANJEEWANJEEWAN Present: Mr. Rohit Sud, Advocate, Mr. Sameesh Bassi, Advocatee, Mr. Ishant Pathak, Advocate, for the petitioner. Mr. Akshay Jindal, Senior Addvocate, with Mr. Vrishank Suri, Advoocate, for the respondents. HARPREEHARPREEHARPREEHARPREEETETETET KAURKAURKAURKAUR JEEWAN,JEEWAN,JEEWAN,JEEWAN, J.J.J.J.

1. The petitioner-plaintiff filed aa suit seeking declaration that he is owwner of the property bearing House No.706, Sector 11, Panchkulaa and sought permanent injunctioon restraining the respondent-defendant Nos.1 to 4, from raising any soort of illegal and unauthorized constructioon and further soughtt mandatory injunction to demoliish the structure of House Noo.705, Sector 11, Panchkula (adjoiningg house). An application seekingg interim relief was also filed that till thee decision of the suit, defendant Nos.1 to 4 may be restrained from raisinng any sort of construction agai nst the norms of the Haryana Shehri Vikkas Pradhikaran (HSVP) and thhe Haryana Building Code in the aforessaid House No.705 and also reequested for appointment of ATUL SETHI 2026.07.16 12:45 Structure EEngineer.I attest to the accuracy and authenticity of this document Chandigarh -1- CR-4820-2026 2. Initially, the trial Court passeed order dated 23.02.2023 and sought a technical report of inspection.. The Engineers of Punjab Engineerinng College inspected the site aand submitted a report dated 03.04.20244 (Annexure P-7). As per thhe said report, while giving conclusionns and final recommendationns, proposal for remedial measures tto rectify the damage in house NNo.706 were given as under:- “CHAPCHAPCHAPCHAPPTERPTERPTERPTER4444 CONCLUSIONSCONCLUSIONSCONCLUSIONSCONCLUSIONSANDANDANDANDFINAFINAFINAFINANALNALNALNALRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONS

The two houses i.e. Housese Nos. 706 and 705 were studied for their structural stability. It waas found that the major damage in House No.706 occurred mainly ddue to settlement of soil below its foundation during the excavationn of soil in House No.705 without having followed adequate protectctive measures for stability of the adjoining soil strata. Further, outsside the kitchen area of House No. 706, it was seen that soil conditioons were very poor as compared to that of otherparts. This could beaattributed to theleakageof water in thatarea,inthepast,throughdrainnpipesetc. A.A.A.A. ProposalProposalProposalProposal ofofofof remedialremedialremedialremedial measuremeasuremeasuremeasureeseseses totototo rectifyrectifyrectifyrectify thethethethe damagedamagedamagedamage inininin HouseHouseHouseHouse No.No.No.No.706:706:706:706: The remedial measures to rectify the damage in house no.706 need tobedoneintwophases.

PhasePhasePhasePhase1:1:1:1:SoilSoilSoilSoilStrengtheningStrengtheningStrengtheningStrengthening The soil strata up to a depth of -44 m, under the wall foundations of House No. 706 should be consosolidated by using deep injection grouting technique using expandding 2-part Geo-Resins. After the deep injection of Geo-Resin in thee soil strata below the foundations, re-level of the floors, doors and windows to be done by injection grouting. This work is required toto be executed by a technical firm havingprior proven experienceoff similar work. Thebudget estimate for the same has been given by URURETEK India Pvt. Ltd., in its final report.(AnnexureII). PhasePhasePhasePhase2:2:2:2:RepairRepairRepairRepairofofofofdamageddamageddamageddamagedcompcompcompcompponentsponentsponentsponents After Phase 1, the distress in the sstructure needs to be monitored for at least six months. If no furthher significant distress i.e. crack widening, appearance of new craracks, floor settlement etc, occurs then second phase of further repaair works of damaged components ATUL SETHI to be done. Damaged floor tiles bebe replaced by new ones. Cracks in 2026.07.16 12:45 I attest to the accuracy and authenticity of this document the brick walls be got repaired by epoxy injection followed byChandigarh -2- CR-4820-2026

replastering and whitewash. Bent window grills be replaced by new ones. Wooden doors and windowws be got repaired for their easy opening and closing. The rough ccost estimate for the repair works canbetakenasabout4-5 lakhs. B.B.B.B.RecommendationRecommendationRecommendationRecommendationofofofofretrofittingretrofittingretrofittingretrofittingggggrequiredrequiredrequiredrequiredininininHouseHouseHouseHouseNo.No.No.No.705.705.705.705. The following retrofitting works arare required to be undertaken under technicalsupervision,inHouseNoNo.705forthestructuralsafety: 1. Three RC columns namely CC-1A, C-2 and C-3 were found undersized and need to be retrofifitted in order to comply with the structuraldrawings. 2. The floor beam CB-5 at First, SSecond and Third floor level were found missing and need to bee incorporated as per structural drawings. 3. The two footings F-2 and F-3 wwere found to be deficient and need toberetrofittedinordertocomplyywiththestructuraldrawings. 4. All other footings also need too be checked for their compliance with the structural drawings. Iff found deficient, they should be retrofittedaccordingly. 5. The balance finishing works off the house may be executed after theretrofittingoftheexistingstrucctureasstatedabove. ImportantImportantImportantImportantNote:Note:Note:Note:

It is pertinent to mention here thhat the conclusions of the present study and final recommendations are based on the data/information provided by the house owners, tessts conducted at site at the time of inspection by the PEC team in asssociation with URETEK India Pvt. Ltd.” 3. Thereafter, the trial Courrt passed the order dated 04.04.20266 (Annexure P-10), deciding the application for interim injunction , whereby defendant Nos.1 to 4 were permitted to initiate the interior wwork in House No.705, but subjject to the condition that no other consstruction work shall be carriedd out. The said order was affirmed bby the Appellate Court (Additionnal District Judge, Panchkula), while passsing an interim order dated 226.05.2026 (Annexure P-12) during thee pendency of the Civil Misc. Apppeal. Aggrieved against the ATUL SETHI 2026.07.16 12:45 I attest to the accuracy and authenticity of this document Chandigarh -3- CR-4820-2026 said order , the petitioner-plaintiff is beforre this Court by filing present Revision PPetition. 4. During the course of submmissions, Mr. Akshay Jindal, learned Seenior Advocate, assisted by MMr. Vrishank Suri, Advocate, representinng the private respondents has very fairly submitted that he would carrry out remedial measures sugggested in the report dated 03.04.20244 and submit a compliancce report before the trial Court/appeellate Court, before carrying oout further construction and interior woork.

5. Mr. Rohit Sud, Advocate reepresenting the petitioner has submitted that the present Revision Petitioon be disposed of accordingly, however, hhe will pursue his application fifiled under Section 151 of the Code of CCivil Procedure, 1908, pending b efore the trial Court, pointing out the disscrepancies in the approved plaan and the building raised by respondennt Nos.1 to 4, which shall be cconsidered by the competent authority. 6. In view of the above, presentt revision petition is disposed of. 7. It is made clear that both partties shall remain bound by the statementss made hereinabove. 8. Pending Civil Misc. applicatiion(s), if any, shall also stand disposed oof. 13.07131313.07.2026.07.07.2026.2026.20266 [HA[HA[HA[HAARPREETARPREETARPREETARPREET KAURKAURKAURKAUR JEEWAN]JEEWAN]JEEWAN]JEEWAN] atulsethi JUDGEJUDGEJUDGEJUDGE Whetther speaking / reasoned : Yes No Whetther Reportable : Yes No ATUL SETHI 2026.07.16 12:45 I attest to the accuracy and authenticity of this document Chandigarh -4-

CR-4820-2026 ININININ TTHETTHETTHETTHE HIGHHIGHHIGHHIGH COURTCOURTCOURTCOURT OFOFOFOF PUNJAPUNJAPUNJAPUNJAABABABAB ANDANDANDAND HARYANAHARYANAHARYANAHARYANA ATATATAT CHANDIGACHANDIGACHANDIGACHANDIGAARHARHARHARH 158+388 CM-13269CMCCMCM 13269-CII1326913269 CII-2026CIICII 202620262026 IN/ANDIN/ANDIN/ANDIN/AND CR-4820CRCRCR 4820-202648204820 202620262026 (O&M)(O&M)(O&M)(O&M) DecidedDecidedDecidedDecided onononon :::: 13.07131313.07.2026.07.07.2026.2026.2026 Hari Channd Hans ...Petitioner Versus Balwinderr Singh (deceased) through LRs aand others ...Respondents CORAM:CORAM:CORAM:CORAM: HON’BLEHON’BLEHON’BLEHON’BLE MS.MS.MS.MS. JUSTICEJUSTICEJUSTICEJUSTICE HARHARHARHARRPREETRPREETRPREETRPREET KAURKAURKAURKAUR JEEWANJEEWANJEEWANJEEWAN Present: Mr. Rohit Sud, Advocate, Mr. Sameesh Bassi, Advocatee, Mr. Ishant Pathak, Advocate, for the petitioner. Mr. Akshay Jindal, Senior Addvocate, with Mr. Vrishank Suri, Advoocate, for the respondents. HARPREEHARPREEHARPREEHARPREEETETETET KAURKAURKAURKAUR JEEWAN,JEEWAN,JEEWAN,JEEWAN, J.J.J.J.

1. The petitioner-plaintiff filed aa suit seeking declaration that he is owwner of the property bearing House No.706, Sector 11, Panchkulaa and sought permanent injunctioon restraining the respondent-defendant Nos.1 to 4, from raising any soort of illegal and unauthorized constructioon and further soughtt mandatory injunction to demoliish the structure of House Noo.705, Sector 11, Panchkula (adjoiningg house). An application seekingg interim relief was also filed that till thee decision of the suit, defendant Nos.1 to 4 may be restrained from raisinng any sort of construction agai nst the norms of the Haryana Shehri Vikkas Pradhikaran (HSVP) and thhe Haryana Building Code in the aforessaid House No.705 and also reequested for appointment of ATUL SETHI 2026.07.16 12:45 Structure EEngineer.I attest to the accuracy and authenticity of this document Chandigarh -1- CR-4820-2026 2. Initially, the trial Court passeed order dated 23.02.2023 and sought a technical report of inspection.. The Engineers of Punjab Engineerinng College inspected the site aand submitted a report dated 03.04.20244 (Annexure P-7). As per thhe said report, while giving conclusionns and final recommendationns, proposal for remedial measures tto rectify the damage in house NNo.706 were given as under:- “CHAPCHAPCHAPCHAPPTERPTERPTERPTER4444 CONCLUSIONSCONCLUSIONSCONCLUSIONSCONCLUSIONSANDANDANDANDFINAFINAFINAFINANALNALNALNALRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONS

The two houses i.e. Housese Nos. 706 and 705 were studied for their structural stability. It waas found that the major damage in House No.706 occurred mainly ddue to settlement of soil below its foundation during the excavationn of soil in House No.705 without having followed adequate protectctive measures for stability of the adjoining soil strata. Further, outsside the kitchen area of House No. 706, it was seen that soil conditioons were very poor as compared to that of otherparts. This could beaattributed to theleakageof water in thatarea,inthepast,throughdrainnpipesetc. A.A.A.A. ProposalProposalProposalProposal ofofofof remedialremedialremedialremedial measuremeasuremeasuremeasureeseseses totototo rectifyrectifyrectifyrectify thethethethe damagedamagedamagedamage inininin HouseHouseHouseHouse No.No.No.No.706:706:706:706: The remedial measures to rectify the damage in house no.706 need tobedoneintwophases.

PhasePhasePhasePhase1:1:1:1:SoilSoilSoilSoilStrengtheningStrengtheningStrengtheningStrengthening The soil strata up to a depth of -44 m, under the wall foundations of House No. 706 should be consosolidated by using deep injection grouting technique using expandding 2-part Geo-Resins. After the deep injection of Geo-Resin in thee soil strata below the foundations, re-level of the floors, doors and windows to be done by injection grouting. This work is required toto be executed by a technical firm havingprior proven experienceoff similar work. Thebudget estimate for the same has been given by URURETEK India Pvt. Ltd., in its final report.(AnnexureII). PhasePhasePhasePhase2:2:2:2:RepairRepairRepairRepairofofofofdamageddamageddamageddamagedcompcompcompcompponentsponentsponentsponents After Phase 1, the distress in the sstructure needs to be monitored for at least six months. If no furthher significant distress i.e. crack widening, appearance of new craracks, floor settlement etc, occurs then second phase of further repaair works of damaged components ATUL SETHI to be done. Damaged floor tiles bebe replaced by new ones. Cracks in 2026.07.16 12:45 I attest to the accuracy and authenticity of this document the brick walls be got repaired by epoxy injection followed byChandigarh -2- CR-4820-2026

replastering and whitewash. Bent window grills be replaced by new ones. Wooden doors and windowws be got repaired for their easy opening and closing. The rough ccost estimate for the repair works canbetakenasabout4-5 lakhs. B.B.B.B.RecommendationRecommendationRecommendationRecommendationofofofofretrofittingretrofittingretrofittingretrofittingggggrequiredrequiredrequiredrequiredininininHouseHouseHouseHouseNo.No.No.No.705.705.705.705. The following retrofitting works arare required to be undertaken under technicalsupervision,inHouseNoNo.705forthestructuralsafety: 1. Three RC columns namely CC-1A, C-2 and C-3 were found undersized and need to be retrofifitted in order to comply with the structuraldrawings. 2. The floor beam CB-5 at First, SSecond and Third floor level were found missing and need to bee incorporated as per structural drawings. 3. The two footings F-2 and F-3 wwere found to be deficient and need toberetrofittedinordertocomplyywiththestructuraldrawings. 4. All other footings also need too be checked for their compliance with the structural drawings. Iff found deficient, they should be retrofittedaccordingly. 5. The balance finishing works off the house may be executed after theretrofittingoftheexistingstrucctureasstatedabove. ImportantImportantImportantImportantNote:Note:Note:Note:

It is pertinent to mention here thhat the conclusions of the present study and final recommendations are based on the data/information provided by the house owners, tessts conducted at site at the time of inspection by the PEC team in asssociation with URETEK India Pvt. Ltd.” 3. Thereafter, the trial Courrt passed the order dated 04.04.20266 (Annexure P-10), deciding the application for interim injunction , whereby defendant Nos.1 to 4 were permitted to initiate the interior wwork in House No.705, but subjject to the condition that no other consstruction work shall be carriedd out. The said order was affirmed bby the Appellate Court (Additionnal District Judge, Panchkula), while passsing an interim order dated 226.05.2026 (Annexure P-12) during thee pendency of the Civil Misc. Apppeal. Aggrieved against the ATUL SETHI 2026.07.16 12:45 I attest to the accuracy and authenticity of this document Chandigarh -3- CR-4820-2026 said order , the petitioner-plaintiff is beforre this Court by filing present Revision PPetition. 4. During the course of submmissions, Mr. Akshay Jindal, learned Seenior Advocate, assisted by MMr. Vrishank Suri, Advocate, representinng the private respondents has very fairly submitted that he would carrry out remedial measures sugggested in the report dated 03.04.20244 and submit a compliancce report before the trial Court/appeellate Court, before carrying oout further construction and interior woork.

5. Mr. Rohit Sud, Advocate reepresenting the petitioner has submitted that the present Revision Petitioon be disposed of accordingly, however, hhe will pursue his application fifiled under Section 151 of the Code of CCivil Procedure, 1908, pending b efore the trial Court, pointing out the disscrepancies in the approved plaan and the building raised by respondennt Nos.1 to 4, which shall be cconsidered by the competent authority. 6. In view of the above, presentt revision petition is disposed of. 7. It is made clear that both partties shall remain bound by the statementss made hereinabove. 8. Pending Civil Misc. applicatiion(s), if any, shall also stand disposed oof. 13.07131313.07.2026.07.07.2026.2026.20266 [HA[HA[HA[HAARPREETARPREETARPREETARPREET KAURKAURKAURKAUR JEEWAN]JEEWAN]JEEWAN]JEEWAN] atulsethi JUDGEJUDGEJUDGEJUDGE Whetther speaking / reasoned : Yes No Whetther Reportable : Yes No ATUL SETHI 2026.07.16 12:45 I attest to the accuracy and authenticity of this document Chandigarh -4-