Satish Saigal And ORS v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19577-2015 Date of decision:- 16.09.2015 Satish Saigal and others

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present: Mr. A.P. Singh Luna, Advocate, for the petitioners.

* * * * S.J. VAZIFDAR, A.C.J. (ORAL) The petitioners have objected to the construction of a building on the ground that in the original layout plan the plot upon which the construction is being put up was shown as an open area/green belt. 2.

It is not necessary to entertain this writ petition at this stage as the petitioners themselves state that similarly situated parties have filed a Civil Suit being No. 56 dated 19.02.2013 in the Court of Civil Judge (Junior Division), Gurgaon in which the Court has passed an order staying further construction. The Civil Suit has been filed by the Association of Apartment Owners The Close South, Nirvana Country against Unitech Limited and Pioneer Profin Ltd. - respondents No. 3 and 4 respectively in this writ petition.

3.

Learned counsel appearing on behalf of the petitioners states that in any event most of the contentions raised by the plaintiff in that Suit are similar to those raised by the petitioners herein. 4.

It is not necessary, therefore, at this stage to allow two parallel proceedings, albeit by different parties. The petitioners herein can always AMODH SHARMA 2015.09.17 11:49 I attest to the accuracy and authenticity of this document chandigarh

CWP-13358-2015 make an application for intervention, if they so desire, in the said Suit. Needless to add, whether they are entitled to intervene or not is for the learned Civil Judge (Junior Division), Gurgaon to decide. 5.

At present, the petitioners' interests are substantially protected. In the event of the Suit being decreed, the petitioners' grievance herein would stand redressed at least to a large extent. 6.

In these circumstances, the writ petition is disposed of with liberty to the petitioners to file a fresh petition, if necessary. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 16.09.2015 Amodh AMODH SHARMA 2015.09.17 11:49 I attest to the accuracy and authenticity of this document chandigarh