C.W.P. No.16724 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of Decision : 03.10.2008
M/s Vipul Limited and others .....Petitioners
versus
State of Haryana and others .....Respondents
CORAM : HON'BLE MR.JUSTICE UMA NATH SINGH.
HON'BLE MRS.JUSTICE DAYA CHAUDHARY.
Present : Mr.Aashish Chopra, Advocate, for petitioners.
Ms.Ritu Punj, Deputy Advocate General, Haryana.
Mr.Vikas Bahl, Advocate, for respondents.
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UMA NATH SINGH, J.
Heard learned counsel for parties.
Learned senior counsel for petitioners took us through
Annexure P-3 to argue that this is not an order. However, we also do not
find it to be a notice either, as contended by him. Relevant communication
on record only admits that the licence in respect of land measuring 2.907
acres would be issued to petitioner subject to his completing necessary
formalities, hence, that communication is not in the nature of a notice.
Having been confronted with our observations, learned senior counsel for
petitioners submits that he may be granted liberty to file an appeal in terms
of statutory right under Section 19 of Haryana Development and Regulation
of Urban Areas Act, 1975.
We do not find any legal impediment in granting such liberty to
C.W.P. No.16724 of 2008 2
petitioners. Accordingly, this writ petition is dismissed as withdrawn with
liberty to petitioners to file an appeal under Section 19 of the aforesaid Act,
within four weeks from the date of receiving a copy of this order, which
shall be considered and decided on merits, within a period of four weeks
thereafter.
This writ petition, thus, stands disposed of.
(UMA NATH SINGH)
JUDGE
03-10-2008 (DAYA CHAUDHARY)
*mohinder JUDGE