JATIN SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has agreed to purchase plot No. 63 measuring 150.66 sq. yards situate at Rajendra Nagar near Sanjay Colony, Rohtak. The vendor has applied to the Municipal Corporation for issuance of NOC but the same has been rejected vide Annexure P-4 on the ground that the land is in an unapproved area.

(2.) Learned counsel for the petitioner has submitted that sale deed dtd. 19/7/2018 was registered in favour of his vendor, namely, Smt. Arti and, thus, there should be no difficulty in issuing NOC. Registration of a sale deed in favour of the vendor implies that the plot is in an approved colony. Further, reliance has been placed upon Annexure P-3 to submit that the Municipal Corporation has issued an identification for the property in dispute and, thus, it is incorrect to say that the area is unapproved.

(3.) Both arguments are misconceived. Merely because a sale deed has been registered earlier in favour of the vendor does not imply that the plot lies in an approved area. Reference to Annexure P-3 also cannot help the petitioner as the said document does not give the description of the property in terms of khasranumbers. Thus, it cannot be said that the property for which identification number has been given is the same as sought to be purchased by the petitioner.