SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners, who are the proprietors of village Nakhdola, Tehsil and District Gurgaon, have filed this petition as a 'Public Interest Litigation' for issuance of a writ in the nature of mandamus directing the respondents to extend Lal Dora of the Abadi of their village in terms of Section 22(aa) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Act, 2003 [for short "the Act"].

(2.) COUNSEL for the petitioners has submitted that consolidation proceedings were culminated in their village in the year 1954 and since then Lal Dora has not been extended although the population has increased manifolds. A site plan has been produced on record as Annexure P-2 in which Abadi is shown in yellow colour and land sought to be extended as Abadi beyond the Lal Dora in orange colour.

(3.) WE have heard counsel for the petitioners and perused the record. First of all, the writ petition is not maintainable in its present form as it serves the personal interest of the petitioners whose land has already been acquired situated in the area which is sought to be extended as Lal Dora of the village. Secondly, Section 22(aa) of the Act is not applicable because it is an exception to the application of the Act. The said provision reads as under: