High Court of Punjab and HaryanaCWP/2147/2012disposed of

Ambience Lagoon Apartments Residents Welfare v. State Of Haryana And ORS.

2020-01-16Mr. Justice Rajan Gupta,Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-2147-2012 (O & M) Date of decision: 16.01.2020 Ambience Lagoon Apartment Residents Welfare Association .... Petitioners V/s State of Haryana and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Akshay Bhan, Sr. Advocate, with Mr. Alok Mittal, Advocate, and Mr. Amandeep Singh, Advocate for the petitioners. Mr. Ankur Mittal, Addl.A.G., Haryana.

Ms. Amrita Nagpal, Advocate, for Mr. Lokesh Sinhal, Advocate, for respondents No.2 and 3. Mr. R. Kartikeya, Advocate, for respondents No.9 and 10. ***** RAJAN GUPTA , J. (Oral) Grievance of the petitioner inter alia is that after grant of licence dated July 15, 1993, Annexure P-1 by the Director, there was a declaration to raise a construction of apartments buildings, apartment complex, club building and building for economically weaker sections of the society. There was no mention of any commercial activity to come up. However, vide order dated September Ist, 2010, Annexure P-11, wherein it is mentioned that the Director, Town and Country Planning allowed raising SUKHPREET KAUR 2020.01.17 16:44 I attest to the accuracy and integrity of this document

CWP-2147-2012 (O & M) ::2::

construction of commercial building over the land. This is despite the fact that there is no mention in the licence pursuant to which the builder can be allowed to raise commercial project.

At the outset, Mr. Mittal, learned State counsel submits that the matter shall be reconsidered by the Director General, Urban Estates, Department of Town and Country Planning within three months and a speaking order shall be passed which shall be duly conveyed to the petitioner. It is made clear that while reconsidering the issue, order Annexure P-11 shall not stand in the way of the concerned authority. Disposed of.

(RAJAN GUPTA) JUDGE (KARAMJIT SINGH) JUDGE January 16, 2020 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2020.01.17 16:44 I attest to the accuracy and integrity of this document