Sanjay v. State Of Haryana Through Additional Chief Secretary To The Government Of Haryana Urban Local Bodie

CWP-18828-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-18828-2026 Date of Decision: 02.06.2026 SANJAY ....Petitioner

VERSUS

STATE OF HARYANA AND OTHERS ....Respondents(s) CORAM : HON'BLE MR. JUSTICE ALOK JAIN Present :

Mr. Sandeep Sharma, Advocate for the petitioner. ALOK JAIN, J. (Oral) 1.

The present writ petition has been filed under Articles 226/227 of Constitution of India raising challenge to the show-cause-notice dated 29.05.2026 (Annexure P-5) issued by respondent no.3-Municipal Corporation Gurugram, Civil Lines Gurugram through its Commissioner, whereby the petitioner has been directed to cease the unauthorised construction and to appear before the office of Joint Commissioner -IV at MCG Office, Sector-42, Gurugram on 15.06.2026 at 11:00 AM to show cause as why not demolition order for the above said unauthorised construction be issued.

2.

Learned counsel for the petitioner could not demonstrate any imminent threat of demolition by the Authorities without following the process of law, much less the petitioner has also failed to demonstrate that the construction is authorised by any Competent Authority or the petitioner is exempted from seeking any permission from the Competent Authority for raising such construction namely godowns, rooms and operating rentals business from the said premises. 3.

Notice of motion.

4.

Ms. Swati Batra, Sr. DAG, Haryana accepts notice on behalf of respondents no.1 and 2.

DEEPAK PATWAL 2026.06.04 14:21 I attest to the accuracy and integrity of this document

CWP-18828-2026 5.

Mr. Niochal Chetanya Manchanda, Advocate accepts notice on behalf of respondent no.3-Municipal Corporation, Gurugram. 6.

Heard learned counsel for the petitioner.

7.

Since the impugned notice is only a show-cause-notice, whereby the petitioner has been directed to cease the unauthorized construction and to appear before the Authorities on 15.06.2026, therefore, the petition is premature at this stage as the petitioner has all the rights to apprise the Authorities with the correct position. The petitioner cannot be permitted to take the benefit from any illegality committed by him. Furthermore, the petitioner has failed to demonstrate as to how or under what legal authority, the tubewell was sanctioned, therefore, the tubewell has been sealed in accordance with law and the same does not constitute any illegality. Though, the respondent no.3-Municipal Corporation, Gurugram has issued challan to the petitioner, however, the same will not grant him a licence to proceed with the illegalities, encroachments and the misuse of the property. 8.

In view of above, the present petition does not warrant any interference by this Court being devoid of merits, accordingly, the same stands dismissed.

(ALOK JAIN) 02.06.2026 JUDGE Deepak Patwal 1.

Whether speaking/reasoned Yes/No 2.

Whether reportable Yes/No DEEPAK PATWAL 2026.06.04 14:21 I attest to the accuracy and integrity of this document