The Magnolias Flatowners Association And Others v. Department Of Town And Country Planning Haryana And Others

CWP-11698-2020 (O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (231) CWP-11698-2020 (O&M) Date of Decision:- 30.04.2025 The Magnolias Flatowners Association and others ......Petitioners

Versus

Department of Town and Country Planning Haryana and others ......Respondents CORAM: HON'BLE MR JUSTICE SUDHIR SINGH HON'BLE MR. JUSTICE ALOK JAIN

Present:

Mr. Vidur Mohan, Advocate, Mr. Gurmandeep Sullar, Advocate, Mr. Prerak Khurana, Advocate and Mr. Hanessh Kumar, Advocate for the petitioners. Mr. Ankur Mittal, Addl. A.G. Hayana, Mr. Karan Jindal, AAG, Haryana, and Ms. Kushaldeep Kaur, Advocate for respondent No. 1. Mr.Randeep S.Rai, Senior Advocate with Mr. Chetan Mittal, Senior Advocate with Mr. Rajeev Anand, Advocate, Mr. Ritvik, Advocate, Ms. Radhika Mehta, Advocate and Mr. Udit Garg, Advocate for respondents No. 2 and 3. Mr. Amit Jhanji, Senior Advocate with Ms. Nandita Verma, Advocate and Ms. K. Sara, Advocate for respondent No. 4.

Mr. Anand Chhibber, Senior Advocate with Mr. Abhinav Sood, Advocate and Ms. Achintaya Soni, Advocate for respondents No. 6 to 13. SUDHIR SINGH, J.

The petitioners have sought issuance of a writ in the nature of Mandamus directing respondent No. 1 to take all necessary action PARUL 2025.05.08 14:04 I attest to the accuracy and authenticity of this document

CWP-11698-2020 (O&M) [2] ensuring compliance of order dated 01.02.2020 (Annexure P-13) and remove the illegal construction by respondents No. 2 and 3 in tower No. 12 of the Magnolias Complex.

2.

Learned counsel appearing for the respondents point out that in respect of the grievance raised in the present writ petition, the petitioners have an alternate remedy of appeal under Section 19 of the Haryana Development and Regulation of Urban Areas Act, 1975. 3.

The aforesaid legal position could not be disputed by the learned counsel for the petitioners.

4.

In view of the above, without going into the merits of the case, the present writ petition is disposed of with liberty to the petitioners to avail the remedy of appeal as stipulated under Section 19 of the aforesaid Act.

5.

Needless to say that in case any such appeal is filed by the petitioners, the authorities shall decide the same expeditiously in accordance with law.

(SUDHIR SINGH) JUDGE (ALOK JAIN) JUDGE April 30, 2025 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2025.05.08 14:04 I attest to the accuracy and authenticity of this document