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On the other hand, Mr. Hooda, Learned Advocate General, Haryana has vehemently argued that 1963 Act was enacted to prevent haphazard and sub-standard development along scheduled roads and in the controlled area. Since the Act was enacted to regulate the unrestricted and haphazard growth, the Director, Town & Country Planning under the aforesaid Act has been entrusted with the duties to regulate constructions along scheduled roads and in the controlled area. Therefore, such specific object of unplanned haphazard growth can be better controlled by the Director, Town & Country Planning, as an expert in town development. It is contended that controlled area under the 1963 Act continues to be controlled area even of the erstwhile controlled area falls within municipal limits governed by either the 1973 Act or 1994 Act. Therefore, the Director, Town & Country Planning or the authorities under the aforesaid Act are fully and other connected cases competent to initiate proceedings to bring the buildings in conformity with the building plans sanctioned under the 1963 Act.

It may be noticed that in terms of Section 5 of the 1963 Act, the Director, Town and Country Planning; Under Section 203C (2) of the 1973 Act, the Director, Urban Development Department and the Commissioner under Section 346(3) of the 1994 Act have to satisfy the similar tests while preparing the plans within the scope of their respective jurisdiction.

We have heard learned counsel for the parties. We find that different authorities have been empowered to act within their jurisdiction such as the Director, Urban Development Department within the municipal limits; the Commissioner with the limits of Municipal Corporation and the Director, Town & Country Planning in respect of the controlled area and the scheduled road outside the municipal limits. Such powers have been conferred to avoid overlapping of jurisdiction with the authorities and for focused implementation of the development plans and the Building Rules within their respective jurisdiction. We do not find any merit in the argument that the controlled area declared under 1963 Act cannot continue either under 1973 or 1994 Acts. Section 4 of the 1963 Act empowers the State Government to declare any area outside the limits of municipal town or any other area to be a controlled area. Therefore, the provisions of 1963 Act are applicable in respect of scheduled roads and the controlled area beyond and other connected cases the municipal limits or the local authority. In respect of such controlled area, 1963 Act empowers the Director, Town & Country Planning or such other person appointed by the Government by notification to exercise or perform all other powers of the Director under the aforesaid Act. Once the Municipal Council is constituted or the limits of a local authority are extended, the 1973 Act becomes applicable in respect of a controlled area declared under 1963 Act in terms of Section 203C of the 1973 Act. But the power to implement the provisions of the Act lies with the Director, Urban Development Department, as defined in Section 2 (9) of the Act as amended vide Act No.5 of 2002 or on a delegate of the State Government in terms of Section 32 of the 1973 Act. We find that the legislation has used the expression "Director, Town & Country planning" and the "Director" in the 1973 Act for two different purposes. The expression "Director, Town & Country planning" has been used in respect of the Controlled area declared under the 1963 Act but where the expression used is only 'Director', it signifies that the jurisdiction within municipal limits is with the Director Urban Development Department. This is evident from reading of Sections 203C, 203D and 203G of the 1973 Act. It is further pointed out that the powers of Director can be delegated to any other person by the State Government in respect of an area governed by 1973 Act.

"20. The notification, Annexure R-10, has its genesis in the various amendments, carried out in the Haryana Municipal Act. With the passage of time, controlled areas, declared under the Scheduled Roads Act, began to be included within the municipal limits. The State, conscious of the fact that such controlled area as would be included within municipal limits, would be subject to the over-lapping jurisdiction of the Municipal Committees and the authorities under the Scheduled Roads Act, enacted the Haryana Municipal (Amendment) Act, 2001 (hereinafter referred to as "the Amending Act"). The Amending Act inserted Section 203-C and 203-G in the Municipal Act. Section 203-C declares that an area already declared as a controlled area, by the Director, Town & Country Planning, shall be deemed to be a controlled area for the purposes of the Haryana Municipal Act. The Amending Act also inserted Section 203-G in the Haryana Municipal Act, pursuant whereto, all powers and functions of the and other connected cases Director Town and Country Planning, being performed under the Scheduled Roads Act, were henceforth to be performed by the Director, as defined under the Haryana Municipal Act. Section 203-G further declares that acts already done under the provisions of the Scheduled Roads Act and the rules made thereunder shall be construed to be acts done by the Director under the Haryana Municipal Act. It further states that the Director, Town & Country Planning and the Commissioner of the Division shall have no jurisdiction under the Scheduled Roads Act and the rules made thereunder, with respect to the controlled area falling within Municipal limits. The 'Director' under the Haryana Municipal Act is defined in Section 2 (9) as the Director Urban Development Department, Haryana.

23. We have perused the notifications, Annexures R-9 and R-10 carefully. Though the notifications, prior to and subsequent to the amendment of the Haryana Municipal Act, delegate the powers of the Director Town and Country Planning, in the terms mentioned therein, these notifications are singularly silent about the delegation of any powers, whether of the Director, Town and Country Planning or the Director, Urban Development Department, upon Assistant Town Planners. The notifications do not support the averments in the written statement or the arguments canvassed by counsel for the respondents that in the absence of the District Town Planner Planning, the Assistant Town Planner, Karnal was delegated with powers to pass the impugned order. The respondents have failed to bring to our notice or place on record any other notification in support of their contentions that in the absence of the District Town Planner, the Assistant Town Planner was delegated powers. In this view of the matter, the impugned order, Annexure P-14, which was passed by the Assistant Town and other connected cases Planner, Karnal, an authority not conferred with any jurisdiction to exercise the powers of the Director, Town and Country Planning, under Section 12 of the Scheduled Roads Act, is null and void." The ratio of the said judgment, in fact, supports the findings recorded herein that in terms of Section 203C of the 1973 Act, the controlled area declared under 1963 Acct continues to be controlled area under 1973 Act.