Orchid Garden Resident Welfare Association v. State Of Haryana And ORS

CWP No.28100 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

CWP No.28100 of 2018 (O&M) Orchid Garden Resident Welfare Association ....Petitioner

Versus

State of Haryana and Ors.

....Respondents And 2.

CWP No.8990 of 2019 (O&M) Ashok Kumar Khanna and Ors.

....Petitioners

Versus

State of Haryana and Ors.

....Respondents Date of Decision: 07.09.2022 CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU HON'BLE MR. JUSTICE LALIT BATRA

Present:

Mr. Shailendra Jain, Sr. Advocacte with Mr. Vikrant Rana, Advocate for the petitioner. Ms. Tanisha Peshawaria, DAG, Haryana for respondent Nos.1 to 3.

Mr. Aashish Chopra, Sr. Advocate with Ms. Rupa Pathania, Advocate and Ms. Nitika Sharma, Advocate for respondent No.4. HARINDER SINGH SIDHU, J As identical questions arise in both these writ petitions, the same are being disposed of together by this common order, which is with the consent of parties.

The order dated 27.11.2017 is quashed and the matter is remitted back to respondent No.1-Principal Secretary, Town and Country Planning Department, Haryana to pass fresh order on merits in accordance with law after giving opportunity of hearing to the parties. Needless to add that the petitioners would be at liberty to raise all the objections, as per law in regard to the matter at hand including any MANOJ KUMAR 2022.09.08 15:31 I attest to the accuracy and integrity of this document

CWP No.28100 of 2022 #2# additional challenges not already raised with the liberty reserved to the respondents as well to respond to it and oppose the same. Status quo as directed vide order dated 17.07.2019 passed in CWP No.8990 of 2019 shall continue until an order is passed by the concerned Authority. As status quo is being ordered to continue during the pendency of the proceedings, we request the Authority to endeavour to conclude the proceedings at the earliest, preferably within a period of two months. Since the main petitions have been disposed of, nothing survive in the pending miscellaneous applications and the same are disposed of having been rendered infructuous.

A photo copy of this order be placed on the connected file. (Harinder Singh Sidhu) Judge September 07, 2022 (Lalit Batra) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.09.08 15:31 I attest to the accuracy and integrity of this document