PREMIER SPINNING MILLS PVT Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAJIVE BHALLA, J. :- Prayer in the present Writ petition, filed under Arts. 226/227 of the Constitution of India, by the petitioners, is for the issuance of a writ in the nature of certiorari quashing the orders dated 10-1-1994 and 11-3-2003, Annexures P-14 and P-17 respectively, as also for the issuance of a writ of mandamus directing the respondents not to demolish the petitioners, factory.

(2.) A brief narrative of the facts, that have led to the filing of the present writ petition, would be appropriate.

(3.) The petitioner-company claims to have purchased 60000 sq. yards of land, situated at G. T. Road, Karnal, vide a registered sale deed dated 17-11-1984. Thesaid land fell within the municipal limits of Karnal town. The petitioners raised construction, pursuant to plans, duly sanctioned by the Municipal Committee, Karnal on 9-1-1985 (Annexures P-2 & P-3). The factory commenced operation in 1985. The petitioners received a notice dated 3-6-2002 from the Tribunal, constituted under the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act. 1963 (for short hereinafter referred to as "the Scheduled Roads Act") requiring them to appear before the Tribunal on 18-7-2002. The aforementioned notice referred to show cause notices dated 16-1-1985/30-11-1993, as also an order dated 10-10-1994 calling upon the petitioners to restore the land or building to its original state or to bring it in conformity with the provisions of the Scheduled Roads Act and the Rules framed thereunder. The petitioners were informed that as the Tribunal had been constituted, they had a right to file an appeal against the aforementioned order.