VARENDER GAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS No. 1 to 5 sons of Shri Paryag Dutt and petitioner No. 6, widow of Shri Paryag Dutt, have sought a declaration from this Court that the Town Planning Scheme No. 5 of unbuilt area framed by Municipal Committee, Thanesar, District Kurukshetra, duly sanctioned by the State Government, stood lapsed and the possession of the land of the petitioners covered under the Scheme should be restored back to them, in this petition under Articles 226/227 of the Constitution of India.

(2.) TOWN Planning Scheme No. 5 (for short, the Scheme) was prepared by Municipal Committee, Thanesar, under Section 203, of the Haryana Municipal Act, 1973 (for short the Act) and it was sanctioned by the Haryana Government on October 30, 1975. Land measuring 560 square yards comprised in Khasra No. 202/11/2, 200/2/1, 201/15/2 and 200/10 belonged to Raj Kumar and Prayag Dutt in equal shares. This land was included in the Scheme. Raj Kumar or his tenants challenged the scheme unsuccessfully through various civil suits, Shri Prayag Dutt dies in the year 1964 leaving many heirs including the petitioners. The petitioners have challenged the Scheme on identical grounds as were taken by Raj Kumar, co-owner or his tenants.

(3.) LEARNED counsel for the petitioners at the time of hearing stated that he was not in a position to urge that the Scheme had lapsed. He, however, maintained that the land owned by the petitioners comprised in the Scheme had been diverted for purposes other than that mentioned in the Scheme which is impermissible and their share in land be restored to them.