Punjab-Haryana High Court
Alpha Corp Development Pvt Ltd vs State Of Haryana And Others on 28 September, 2021
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
124
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 19628 of 2021
Date of Decision: 28.09.2021
M/s Alpha Corp. Development Private Limited
... Petitioner(s)
Versus
State of Haryana and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Alok Jain, Advocate
for the petitioner(s).
Mr. Samarth Sagar, Additional Advocate General,
Haryana, for the respondents.
Anil Kshetarpal, J.
1. Notice of motion.
2. On the request of the Bench, Mr. Samarth Sagar, Additional Advocate General, Haryana, accepts notice on behalf of the respondents. The service is complete.
3. Through this writ petition, the petitioner prays for issuance of a writ in the nature of certiorari to quash the order dated 22.09.2021 passed by the respondent No.4-Appellate Authority (the Commissioner, Municipal Corporation, Karnal).
4. In essence, the dispute is with regard to the entitlement of the petitioner to use the land underneath the revenue passages and water channel.
5. The petitioner has already filed a revision petition under Section 414 of the Haryana Municipal Corporation Act, 1994 (hereinafter referred to 1 of 2 ::: Downloaded on - 29-09-2021 20:30:07 ::: Civil Writ Petition No. 19628 of 2021 2 as "the 1994 Act"), which is stated to be pending before the Principal Secretary to the Government of Haryana, Department of Urban Local Bodies. The petitioner claims that he is prepared either to give his another equivalent piece of land in exchange or to pay the market price.
6. Keeping in view the aforesaid facts, the writ petition is disposed of with a request to the Principal Secretary to the Government of Haryana, Department of Urban Local Bodies, to finally decide the petition under Section 414 of the 1994 Act within a period of two months, positively. Till then, the parties are directed to maintain status quo with regard to the construction.
(Anil Kshetarpal) Judge September 28, 2021 "DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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