SAVITA RANI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner owns a plot located on Dhand Road at Mirzapur, Thanesar (Kurukshetra). She constructed a residential house on the said plot. The Municipal Council, Thanesar, initially sanctioned the building plan vide memo dated 06.11.1989 (Annexure P-2) but superseded the same vide a subsequent letter dated 24.01.1990 (Annexure P-3).

(2.) Thereafter, the petitioner was served with a show cause notice issued by the District Town Planner, Kurukshetra, dated 02.07.1990, under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (in short the "1963 Act") alleging that she had raised construction in violation of the provisions of that Act.

(3.) The petitioner feeling aggrieved by the show cause notice, approached this Court, contending that the provisions of 1963 Act are inapplicable in an area which falls within the municipal limits.