Sant Shri Asa Ram Jee Ashram Trust Delhi Thr Authorized Representative v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 22206 of 2016 Decided on : 25.10.2016 Sant Shri Asa Ram Jee Ashram Trust . . . Petitioner

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. V.K. Jindal, Sr. Advocate with Ms. Janya Sirohi, Advocate for the petitioner.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Article 226/227 of the Constitution of India, seeking quashing of the order dated 03.06.2016 (Annexure P-12), whereby, the appeal preferred by the petitioner before respondent No.1 has been dismissed and vide order dated 16.09.2016 (Annexure P-13), the review application filed by the petitioner against the aforesaid order dated was also dismissed.

2.

The primary challenge in the present writ petition is to Annexure P-12, passed by the Additional Chief Secretary to Govt. Haryana, Town and Country Planning Department. The relevant portion of the aforesaid order dated 03.06.2016 (Annexure P-12) is as under: "I have perused the grounds of appeal, relevant record produced by the Department and the arguments put forth by both the parties and the case is disposed off with the direction to the appellant to file afresh application for CLU after demolishing the non-compoundable structures and the structures which are not to be considered for grant of CLU permission for Ashram (religious building) purpose. The appellant would submit the fresh application within 15 days and Director General, Town and Country Planning, Haryana, would Jawala Ram 2016.11.03 14:15 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 22206 of 2016 - 2 - decide the same within a month of receipt of the application, accordingly."

3.

It was not disputed that there existed unauthorized structures, which were non-compoundable. It was submitted that the same have since been demolished. In view thereof, we do not find that the impugned order dated 03.06.2016 (Annexure P-12) is unjustified or illegal. Thus, we are not inclined to interfere in the writ jurisdiction. 4.

Dismissed.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) October 25, 2016 JUDGE J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2016.11.03 14:15 I attest to the accuracy and authenticity of this document Chandigarh