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As per case facts, the original Order of a Co-ordinate Division Bench dated 14.05.2025 had set aside the proviso of Section 3 of the Punjab Apartment and Property Regulation Act,
...1995, regarding land reservation for EWS, despite it not being challenged in the main Writ Petitions and without allowing the State to defend it. Furthermore, the court had considered an un-amended version of the Statute, overlooking a 2021 amendment. The review applications were filed to rectify these apparent mistakes. The question arose whether the Bench had jurisdiction to invalidate a Statute's provision without proper challenge, opportunity for defense, and based on an outdated version. Finally, the High Court determined that the prior Order contained an apparent mistake on facts by setting aside an un-amended Section 3 of the 1995 Act without noting the current amended provisions or providing the State an opportunity to defend the law. Consequently, the review applications were allowed, the Order dated 14.05.2025 was re-called, and the original Writ Petitions were restored to their initial status.
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