SAHIL BAJAJ Vs. MUNICIPAL COMMITTEE KALKA AND ANOTHER

JUDGEMENT

(1.) Relying on the provisions of sub-section 2 of Section 205 of the Haryana Municipal Act, 1973, the petitioner has prayed for declaration that site plan of his MIG flat for regularizing erection/construction/alteration be treated as deemed to have been sanction after expiry of period of sixty days. In the year 1986, Housing Board, Haryana framed Scheme No. 1 and issued Brochure for allotment of houses/flats for the Lower Income Group (LIG), Middle Income Group (MIG) and Higher Income Group (HIG) at various stations in the State of Haryana and had thus constructed these types of flats in town Kalka in District Panchkula. One Chand Rani w/o Shri Radha Krishan, resident of Kalka applied for allotment of MIG (Duplex) flat at Kalka, which was allotted to her. Chand Rani executed Special Power of Attorney in favour of Smt. Sharwana Kaushal and also authorized her further to appoint sub-attorneys. In exercise of the powers so conferred under Special Power of Attorney, Smt. Sharwana Kaushal executed Special Power of Attorney in favour of Smt. Manju Bajaj, mother of the petitioner. On 16.10.2003, the allottee of the flat, Smt. Chand Rani herself, appointed Shri Inder Mohan Bajaj as his attorney by executing General Power of Attorney in his favour. These attorneys have been placed on record.

(2.) After payment of all installments and other dues, Housing Board, Haryana issued 'No Objection Certificate' in favour of allottee of the house Smt. Chand Rani. Conveyance Deed was also executed and, thereafter, the Housing Board, Haryana relinquished its claim in all respect. It is, accordingly, stated that control in respect of the flat in question is now under the Municipal Committee Kalka.

(3.) The petitioner has purchased the said flat from its original allottee vide registered sale deed dated 8.11.2006. After the execution of the sale deed, the petitioner applied with the respondent-Municipal Committee for approval of the site plan for the compounding/regularizing of the construction made at the top floor of the flat in question. The petitioner pleads that the Municipal Committee was expected to act independently and was fully competent to take decision for the sanction or rejection of the site plan yet the Committee had sought advice from the. Housing Board and sought clarification on certain points. Referring to the provisions of sub-section 2 of Section 205 of the Haryana Municipal Act, 1971, it is pleaded that Municipal Committee is the competent authority to take final decision upon receipt of the application for the sanction of the site plan. Since petitioner did not receive any communication regarding decision taken by the Municipal Committee Kalka within 60 days, the petitioner pleads that the plan submitted by him would be deemed to have been sanctioned. Reference is made to decision taken by this Court in RSA No. 4094 of 2008 where identical question of law has been so decided. The petitioner, accordingly, has filed this writ petition.