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High Court of Punjab and HaryanaCR/2870/2026disposed of

Ravinder @ Ravinder Kumar And ANR v. Rekha Rani And ORS.

2026-05-05Mr. Justice Pankaj Jain4 pages

CR-2870-2026 (O&M) Ravinder @ Ravinder Kumar & anr.

...... Petitioners versus Rekha Rani & ors.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Chanderhas Yadav, Advocate for the petitioners. Mr. Kabir Sarin, Advocate Mr. R.D.Gupta, Advocate for respondents No.1 to 6. Mr. Sukhdeep Parmar, Advocate for respondents No.7 to 10. *** PANKAJ JAIN, J. (ORAL) CM-7695-CII-2026 For the reasons recorded in the application, the same is allowed. Documents Annexures P-19 & P-20 are taken on record. CM-8421-CII-2026 For the reasons recorded in the application, the same is allowed. Documents Annexures R-1 to R-10 are taken on record. CR-2870-2026

Inspection-cum-status report by way of affidavit of Devinder Kumar, Executive Officer, Municipal Council, Jhajjar has been filed. The same reads as under :- " I, the above named Deponent, working as Executive Officer, Municipal Council, Jhajjar, Haryana, do hereby solemnly affirm and state as under:

1. That the deponent is the Executive Officer, Municipal Council, Jhajjar and is duly authorized and competent to submit the present inspection-cum-status report by way of affidavit on behalf of respondents No. 7 to 10.

2. That the present inspection-cum-status report by way of affidavitis being filed in compliance of the order dated 02.04.2026 passed by this Mon'ble Court, whereby the answering respondents were directed to inspect the construction in question and submit a report.

3. That in compliance of the aforesaid directions, the site in question was inspected on dated 03-04-2026 by the Municipal Engineer, and Building Inspector of Municipal Council, Jhajjar and the record available in the office of Municipal Council, Jhajjar was also examined.

4. That as per record, Mrs. Rekha Rani, wife of Shri Hemchand, and others namely Shri Hemchand son of Shri Nivas and Ritu daughter of Shri Hemchand, constructed a building on their plot measuring 205.17 sq. meters after obtaining approval from the Municipal Council, Jhajjar vide approved commercial building plan No. U.L.B. 12684/2425 dated 15.04.2024. As per available records and site inspection, construction work was initiated accordingly.

5. That during construction, a complaint was filed by the revisionist/plaintiff Shri Ravinder son of Shri Surat Singh, upon which action was taken by the Municipal Council, Jhajjar. Notices were issued to Mrs. Rekha Rani/Respondent no. 1 and others under Sections 208 and 181 of the Haryana Municipal Act, 1973, dated 26.05.2025, for carrying out construction beyond the sanctioned plan.

6. That as per the record available in Municipal Council, Jhajjar and site inspection, the details of sanctioned plan and deviations are as under:

Sr.No.

Floor details Permissible covered area (sq.M.) Sanctioned covered area (sq.M.) Compoundable Area (5%) as per byelaws (sq.M.) Total covered area after compounding (sq.M.) Actual Covered Area at site (sq.M.) Noncompoundable area (sq.M.) 1.

Ground floor 152.94 133.93 - - 205.17 - 2.

First floor 152.94 133.93 - - 205.17 - 3.

Second floor 104.46 133.93 - - 205.17 - 4.

Third floor momty - 16.82 - - - - Total 410.34 418.61 20.52 405.39 615.51 210.12

(-) 33.74 Sanctioned after deduction Deducted stairs area 384.87 2.

SETBACK DETAILS Sr.No.

Setback Type Sanctioned Setback (Meters) Setback at Site (Meters) Front Setback 2.50 0.00 Rear Setback 2.50 0.00

7. That the construction at site is in clear violation of the sanctioned building plan and applicable bye-laws.

8. That the present report is being submitted before this Hon'ble Court for its kind consideration."

In view of the report received from the concerned Municipal Council, the present petition is disposed off with the modification in the impugned order that the relief granted by the Lower Appellate Court shall not be an impediment for the Municipal Council from taking action against the unauthorized construction, if any raised by respondents. The Municipal Council shall take action, in accordance with law, within the time stipulated under law.

Petition stands disposed off.

( PANKAJ JAIN ) 05.05.2026 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No