CIVIL WRIT PETITION NO. 12115 OF 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION : September 09, 2009.
Parties Name
O.P. Lathar
...PETITIONER
VERSUS
State of Haryana and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. R.K.Malik, Sr. Adv., with
Mr. Sajjan Singh Malik,
Advocate, for the petitioner.
Mr. Sanjeev Kaushik, Addl.A.G., Haryana,
for the respondents.
JASBIR SINGH, J. (oral)
ORDER:
It is not in dispute that a Town Improvement Scheme, regarding
land, owned by the petitioner, was sanctioned by the competent Authority
on January 10, 2005 (P-5). Thereafter, area, in which the petitioner’s land
was falling, was excluded from the Municipal Limits on July 15, 2006. It
appears that the Government then re-examined the matter at its level and
decided to review the order passed on January 10, 2005, sanctioning a Town
Improvement Scheme, mentioned above. It is an admitted fact that before
reviewing the order, no notice was ever issued to the petitioner. He was not
asked to explain his position. No deficiency in the scheme was indicated to
him. Ultimately, vide order dated June 17, 2008, by passing a very non-
CIVIL WRIT PETITION NO. 12115 OF 2008 -2-
speaking order, Town Improvement Scheme was recalled. Hence this writ
petition.
Perusal of the order, mentioned above, indicates that for
recalling the order, earlier passed on January 10, 2005, it was only stated
that the Town Improvement Scheme cannot be exempted from the
operation of the Punjab Scheduled Roads and Controlled Area Restriction
of Unregulated Development Act, 1963, as applicable in Haryana and
further that for floated development of the area, site does not fulfill the
conditions, as is mentioned under the provisions of the above said Act.
Counsel for the petitioner states that when Town Improvement Scheme was
sanctioned vide order Annexure P-5, the competent officer looked into the
parameters set down by the authorities and only thereafter order was passed.
Be that as it may, order Annexure P-17 has been passed by ignoring the
principles of natural justice. Before passing that order, opportunity to
defend was not given to the petitioner. On this short objection only, this
writ petition is bound to succeed. Accordingly, this writ petition is allowed,
order Annexure P-17 is set aside and the petitioner is directed to appear
before the Director, Town and Country Planning, Haryana, who shall serve
him with a show cause notice stating objections against the order dated
January 10, 2005. The petitioner shall then file reply and necessary orders,
if any, be passed thereafter as per law. Opportunity to lead evidence, if any,
be also granted to the petitioner. The petitioner also shall not execute the
scheme till such time an order is passed by the above officer.
( Jasbir Singh )
Judge
September 09, 2009.
DKC