Punjab-Haryana High Court
Krishan Lal Gera vs State Of Haryana And Others on 17 October, 2012
Bench: A.K.Sikri, Rakesh Kumar Jain
CWP No.15688 of 2007 [1]
*****
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.15688 of 2007
Date of decision:17.10.2012
Krishan Lal Gera ...Petitioner
Vs.
State of Haryana and others ...Respondents
CORAM: Hon'ble Mr. Justice A.K.Sikri, Chief Justice
Hon'ble Mr. Justice Rakesh Kumar Jain
Present: Mr. R.S.Chahal, Advocate,
for the petitioner.
Mr. Aman Chaudhary, Addl. A.G., Haryana.
Mr. Jasbir Mor, Advocate,
for respondent Nos.3 and 4.
*****
A.K.Sikri, CJ. (Oral)
By way of this order, we shall dispose of CWP Nos.15688 of 2007 and 18190 of 2010. Facts have been taken from CWP No.15688 of 2007.
The petitioner herein had earlier filed CWP No.13990 of 2006 which was decided on 04.09.2006 with the following directions:-
"We dispose of this writ petition with a direction to the respondents to treat the legal notice, Annexure P-3, as a representation and take a decision thereon within a period of four months from the date that a certified copy of this order is supplied to them. In case the petitioner's claim is to be denied, reasons therefor CWP No.15688 of 2007 [2] ***** should be given in the order itself and communicate to him".
To comply with the aforesaid directions, the petition of the petitioner was treated as representation and the Special Secretary, Town and Country Planning Department, Haryana Government has passed order dated 09.05.2007 thereafter. In this order, it is, inter alia, recorded that the Municipal Corporation, Faridabad has regularized the unauthorized sub- division of plots which is in violation of provisions of Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to as the "Act") as the basic objective of the Act was to regulate the use of land in order to prevent ill planned and haphazard urbanization in or around towns in the State of Haryana. It is also mentioned that the sub-division would affect the development works already executed in the colony as these services will not be able to take the load of increased density. On that basis, following directions were given to the Municipal Corporation, Faridabad:-
"Action should also be initiated by the Municipal Corporation, Faridabad and DTP (Enf), Faridabad on the unauthorized sub division/use of land and the scheme should be restored to its original state.
As far as the encroachment on MCF land/Green belt/fencing and over hanging structures are concerned action for removal of the encroachment will be initiated by the MCF."
In the present petition filed by the petitioner, the grievance is that the then Special Secretary has found violations and has directed the Municipal Corporation, Faridabad to take action, no further actions have been taken so far. When this petition came up for hearing on February 04, CWP No.15688 of 2007 [3] ***** 2008, the respondents were directed to file the counter affidavit within four weeks. As no affidavit was filed, four weeks was again granted to them on 14.05.2008. However, till date no reply is filed.
In these circumstances, we treat the averments made in the petition as correct. Since the orders are passed by the Special Secretary himself calling upon the Municipal Corporation, Faridabad to take action, we see no reason why such action, as directed, should not be initiated. Accordingly, we issue mandamus to the Municipal Corporation, Faridabad to start taking action in terms of the aforesaid orders dated 09.05.2007 passed by the Special Secretary.
Writ petitions are disposed in these terms. However, the action taken report shall be filed every alternative month before this Court.
(A.K.Sikri) Chief Justice (Rakesh Kumar Jain) Judge 17.10.2012 vinod*