KASHMIRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common order shall dispose of all the above captioned writ petitions, as in all these cases, the question which arises for consideration is same.

(2.) The brief facts of each case are as follows:- CWP No.23922 of 2017

(3.) The petitioner purchased the land along with constructed house/shop in the area of village Ullawas, Tehsil Sohna, District Gurgaon for valuable consideration. Mutation of the said property was sanctioned in favour of the petitioner on 23/12/2014. Show cause notice (Annexure P-10) dtd. 19/12/2016 was issued to the husband of the petitioner, under Sec. 12 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (hereinafter called, 'Act of 1963'), to remove the construction, which was already existing at the spot. On the basis of the said show cause notice, respondent No.3-District Town Planner (Enforcement), Gurugram, exercising the power of Director, Town and Country Planning, Haryana, passed order (Annexure P-9) dtd. 3/1/2017, whereby direction was given to remove the aforesaid construction. The petitioner filed appeal against the order (Annexure P-9) before the Tribunal constituted under the Act of 1963 but the said appeal was also dismissed, vide impugned order (Annexure P-19) dtd. 15/9/2017. The petitioner has challenged show cause notice (Annexure P-10) dtd. 19/12/2016, order (Annexure P-9) dtd. 3/1/2017 and order (Annexure P-19) dtd. 15/9/2017, being illegal. CWP No.3317 of 2018