M/S Eternal Housing Infra Llp vs State Of Haryana And Others
2023 Latest Caselaw 14302 P&H

                        CWP-18405-2023(O&M)                                             -1-
                                                        Neutral Citation No. 2023:PHHC:112170


                        111    IN THE HIGH COURT OF PUNJAB AND HARYANA
                                             AT CHANDIGARH


                                                        CWP-18405-2023 (O&M)
                                                        Date of Decision: August 28, 2023

                        M/s Eternal Housing Infra LLP                         ......Petitioner
                                          Versus
                        State of Haryana and others
                                                                             ......Respondents

                        CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

                        Present:    Mr.Ashok Singla, Advocate with
                                    Mr.Aakash Singla, Advocate
                                    for the petitioner.
                                           ........

RAJESH BHARDWAJ, J.(ORAL)

CM-14213-CWP-2023

For the reasons mentioned in the application, the same is

allowed. Annexures P-21 and P-22 are taken on record.

CWP-18405-2023(O&M)

Instant writ petition has been filed under Article 226 of the

Constitution of India praying for issuance of a writ in the nature of

mandamus directing respondents No.1 to 4 to refrain from re-opening of the

mutation proceedings qua the declaration of surplus area qua the questioned

land of the petitioner-firm, which was never subject matter of any litigation.

It is further prayed to issue appropriate writ in the nature of prohibition for

restraining the respondents from utilizing the questioned land allotted to the

petitioner by the State Government vide allotment certificate Form US3

dated 12.06.2009, Annexure P-5, and final certificate in Form US4 dated

MEENU 17.06.2009, Annexure P-6 under the provisions of Haryana Ceiling of Land 2023.08.28 17:24 I attest to the accuracy and integrity of this order/judgment CWP-18405-2023(O&M) -2-

Neutral Citation No. 2023:PHHC:112170

holdings Act, 1972 and the Haryana Utilization of Surplus and other Areas

Scheme, 1976 over which parcel of questioned land, petitioner developer has

been granted license No.47 of 2023 dated 02.03.2023, Annexure P-12 by the

respondent State through Department of Town and Country Planning to

develop commercial plotted colony project namely 'Courtyard 37D' apart

from various other government permissions on an area admeasuring 2.20

acres (17 kanal 12 marla) out of the aforesaid questioned land, because any

such illegal restraint virtually amount to violation of terms of license

Annexure P-12.

It has been contended by counsel for the petitioner that the

petitioner/firm has already filed representation, Annexure P-21, but no

decision has been taken on the same till date.

Notice of motion to official respondents only at this stage.

On asking of the Court, Ms.Upasana Dhawan, AAG, Haryana ,

who is present in Court, accepts notice on behalf of the respondents/State.

After hearing counsel for the parties and going through the facts

and circumstances of the case, the present petition is disposed of with a

direction to respondent No.3, i.e. District Collector, Gurugram, to decide the

representation, dated 09.08.2023, Annexure P-21, expeditiously preferably

within one month in accordance with law from the date of receipt of certified

copy of this order. Necessary decision be taken after hearing the petitioner.

                        August 28, 2023                              ( RAJESH BHARDWAJ )
                        meenuss                                             JUDGE
                        1.   Whether speaking/reasoned ?             Yes/No
MEENU
2023.08.28 17:24        2.   Whether reportable ?                    Yes/No
I attest to the accuracy and
integrity of this
order/judgment