SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioners for issuance of a writ in the nature of certiorari/mandamus or such other appropriate writ, order or direction declaring the action of the respondent authorities in exercising jurisdiction under the provisions of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (for short 'the Act of 1963') in the area which fell within municipal limits of Municipal Sirsa, as illegal, arbitrary, mala fide, and ultra vires to the provisions of the Act of 1963 and violative of Article 14 of the Constitution of India. It is further prayed by the petitioners that respondent authorities be directed to regularize the colony in question/houses constructed by the petitioners in consonance with the instructions dated 17th December, 2004 (Annexure P-6). He has further challenged notice issued to the petitioners under Section 12(2) of the Act of 1963 by the District Town Planner for removal of encroachments.

(2.) The case set up in the petition by the petitioners is that respondent No. 5 Sirsa Adarsh Housing Building Society had purchased 32 acres of land for allotment to its members in the year 1980. At that time, this area was outside the municipal limits and was left out of acquisition which had taken place in the years 1982, 1989 and 1992. It is further case of the petitioner that this area was merged into the municipal limits of Sirsa in the year 1997. Thereafter, after its merger, all the activities within the municipal area are governed by the Haryana Municipal Act. It is further averred in the writ petition that District Town Planner has issued notice under Section 12(2) of the Act of 1963 which he could not because of merger of area into the municipal limits.

(3.) Upon notice, the respondents filed reply, inter alia, contending that Act of 1963 is applicable to the construction raised by the petitioners as the area falls within the municipal limits of Sirsa City which were extended later on.