Kiit World Education Society v. State Of Haryana & ORS

CWP-15250-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15250-2018 Date of Decision: July 24, 2018 KIIT World Education Society .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Reeta Kohli,Sr.Advocate with Mr.Kirat Pal Dhaliwal, Advocate for the petitioner.

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SURYA KANT, J.(ORAL) No-one has put in appearance on behalf of respondent Nos.2 to 5 despite service, whereas notice sent to respondent No.1 has been received back unserved. However, in view of the nature of relief sought in the instant writ petition and the order to be passed, it is not necessary to seek reply from the respondents.

[2] The petitioner-Society has been allotted a Nursery School site measuring 0.20 acres, earmarked for educational institutions in the 'F' Block of licenced residential colony known as ESENCIA, situated at village Badshahpur, Tehsil and District Gurugram. The site has been allotted by a private Builder, namely, M/s Ansal Properties and Infrastructure Ltd.- respondent No.3. The short grievance in the instant writ petition is that the petitioner has submitted the Zoning Plan for approval of its Primary School site, but no decision is being taken by the Director General, Town and Meenu 2018.07.31 10:19 I attest to the accuracy and authenticity of this document chandigarh

CWP-15250-2018 -2Country Planning, Haryana, due to which it is unable to construct its school. [3] Somewhat similar controversy came up for consideration before this Court in CWP-16518-2018 (Vidyapati Sansthan (Educational Society vs State of Haryana and others) which was disposed of on 10.07.2018 in the following terms:- "From the facts pleaded in the writ petition, it appears that the Directorate of Town and Country Planning, Haryana is obligated to take an appropriate decision regarding approval of the zoning plan submitted by the petitioner-Society in respect of the School site allotted to it by respondent No.3-Ansal Properties and Infrastructure Limitred. The writ petition is thus disposed of without expressing any views on merits, with a direction to respondent No.2 to take a final decision in this regard within a period of three months from the date of receiving a certified copy of this order. The petitioner-Society shall be at liberty to supply a copy of the writ petition alongwith this order to respondent No.2."

[4] The instant writ petition is also disposed of in the above terms. ( SURYA KANT ) JUDGE July 24, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2018.07.31 10:19 I attest to the accuracy and authenticity of this document chandigarh