High Court of Punjab and HaryanaCWP/6896/2020disposed of

Gps School v. State Of Haryana And Others

2022-09-05Mr. Justice Harinder Singh Sidhu,Mr. Justice Lalit Batra2 pages

CWP No.6896 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.6896 of 2020 Date of Decision: 05.09.2022 GPS School ......Petitioner

Versus

State of Haryana and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU HON'BLE MR. JUSTICE LALIT BATRA

Present:

Mr. Jagmohan Ghumman, Advocate for the petitioner. Ms. Tanisha Peshawaria, DAG, Haryana.

HARINDER SINGH SIDHU, J Petitioner has assailed order dated 20.04.2018 (P.2) whereby the District Town Planner (Enforcement) Gurugram while exercising the powers of the Director, Town and Country Planning, Chandigarh directed the demolition of the premises of the petitioner. The school is being operated and managed by Baba Mohan Ram Education Society (a registered society). Petitioner filed an appeal there against, which has been dismissed vide order dated 14.11.2019 (P.4).

The primary contention of the petitioner is that the School is situated within the revenue estate of Village Bhora Kalan, Tehsil Pataudi, District Gurugram. It is not an urban area and thus falls outside the ambit of Haryana Development and Regulation of Urban Areas Act, 1975 (for brevity "the Act"). This point was specifically raised in the grounds of appeal filed by the petitioner. It was also argued before the learned Appellate Authority. However, the point appears to have escaped the attention of the Appellate Authority, who has without dealing with the same MANOJ KUMAR 2022.09.06 18:00 I attest to the accuracy and integrity of this document

CWP No.6896 of 2020 #2# affirmed the order of the District Town Planner (Enforcement) Gurugram. Accordingly, without in any way commenting anything upon the merits of the case, order dated 14.11.2019 (P.4) is quashed and the matter is remitted back to the Principal Secretary, Government of Haryana, Town and Country Planning Department, Haryana to pass an order afresh, in accordance with law, dealing specifically with the plea of the petitioner that School is located in an area that is not governed by the Act. Petition stands disposed of.

Till an order is passed by the Appellate Authority, demolition of the school shall remain stayed.

(Harinder Singh Sidhu) Judge September 05, 2022 (Lalit Batra) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.09.06 18:00 I attest to the accuracy and integrity of this document