PARDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the present writ petition, the petitioner has impugned the notice dated 1.4.1988 (Annexure P5), order dated 1.2.1990 (Annexure P8), passed by respondent No. 5. Orders dated 1.7.2003 (Annexure P12) and 18.8.2003 (Annexure P14), passed by respondent No. 3 under the provisions of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (hereinafter referred to as the Act). The petitioner has also impugned the notification dated 10.9.1971 (Annexure P1) issued by the Government of Haryana under Section 4(1) of the Act.

(2.) THE petitioner contends that he and his family members purchased the land measuring 5 kanals 5 marlas vide two registered sale deeds dated 10.12.1987 and 11.2.1988. After purchase of the said land, the petitioner started raising construction on the land in the month of March, 1988. It is the pleaded case of the petitioner that he had completed the construction up to December, 1988 but he has not annexed any proof in this regard. It is undisputed that the land on which the petitioner raised the construction is falling in the area which was declared as controlled area vide notification dated 10.9.1971 issued by the Government of Haryana under Section 4(1) of the Act. It is pertinent to mention that the petitioner vide application dated 6.12.1987 applied for change of land use from the Director, Town and Country Planning Department, Haryana, but the said prayer of the petitioner was declined vide order dated 14.3.1988. In spite of that the petitioner started raising construction in violation of the mandatory provisions of the Act.

(3.) ON 22.9.2000 a notice was issued by the Superintendent of The Tribunal constituted under the Act intimating the petitioner that he can file an appeal against the order dated 1.2.1990 before the Tribunal. In response to the said notice, the petitioner filed an appeal against the order dated 1.2.1990 before the Tribunal. The said appeal was dismissed by The Tribunal vide its order dated 1.7.2003 (Annexure P12). The Tribunal has held that the petitioner raised the construction on the land in question in violation of Section 3 and 7(1) of the Act as neither he sought any permission before laying out means of access to Panipat-Karnal G.T. Road nor any permission was taken by him before changing the use of land. It was also held that the application of the petitioner for change of land use was rejected by the Director, Town and Country Planning vide his order dated 14.3.1988. Therefore, the construction raised by the petitioner for using the land for commercial purpose is wholly illegal and in violation of the aforesaid provisions of the Act.