LAWS(P&H)-2014-4-109

MINDER Vs. STATE OF HARYANA

Decided On April 25, 2014
Minder Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The challenge in the present writ petition is to the licence No.19 of 2008 to develop a commercial colony in Sector 65, Gurgaon, to respondent Nos. 5 and 6. Initially, the present writ petition was filed by Petitioner Minder and others, but vide order dated 30.10.2012 this Court found that the Petitioners have no locus standi to dispute the licence granted as it noticed large number of discrepancies in the process of grant of licence. Such discrepancies were in fact noticed at one stage by the department. The department issued a show cause notice to respondent Nos. 4 to 6 for cancellation of the licences on 22.6.2010 and after considering the reply filed such show cause notice was decided to be withdrawn on or about 9.12.2010.

(2.) The Bench noticed that the licence was not granted as per the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (for short 'the Act') and that the present petition cannot be dismissed on the ground that the petitioners have no locus standi to challenge the licence granted to the respondents. Consequently, the same was ordered to be treated as a Public Interest Litigation. Subsequently, an application was filed on behalf of respondent Nos. 4 to 6 so as to delete the prayer No. iii) in the writ petition, which was to grant licences to the petitioners in view of their eligibility. Such application was allowed on 22.1.2013. With this background the writ petition came up for hearing before this Court.

(3.) Some facts leading to the present petition are that the respondent Nos. 5 and 6 applied for a licence to develop a commercial colony in terms of Section 3 of the Act on 12.3.2007 over the land measuring 7.15 acres situated in Villages Nangli Umarpur and Tigra, Gurgaon. However, on 10.4.2007, respondent No.5, sold 7/10th share of its land situated in Village Nangli Umarpur to respondent No.9. Respondent No. 5 sold another 2/10th share to respondent No.8 on 11.4.2007. It was on 31.12.2007, a Letter of Intent was issued in favour of respondent Nos. 5 and 6 and they were directed to obtain certificates from the office of District Revenue Officer that ownership of the land is still in their name. Such certificate was issued by the District Revenue Officer on 22.10.2007 in respect of the land situated in village Nangli- Umarpur. Consequent to the said certificate in respect of the verification of the title of respondent Nos. 5 and 6, the licence was granted on 4.2.2008.