PAX PROPERTIES PVT. LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing letters dated 10.8.2006 (Annexure P8) and 2.3.2007 (Annexure P11) sent to it by respondent No. 2-Director, Town and Country Planning Department, Haryana conveying the rejection of its prayer for grant of licence to set up a residential colony. A writ of mandamus has also been sought directing the respondents to grant licence to the petitioner for setting up of residential group housing colony in the revenue estate of Village Gurgaon. Still further, a prayer has been made to direct the respondents to charge the licence fee, external development charges, conversion charges and any other charges at such rates and Floor Area Ratio (FAR) which were prevailing at the time of presentation of application by the petitioner for grant of aforesaid licence.

(2.) THE petitioner purchased land measuring 2.5 acres in village Kasba Gurgaon and with an object to set up a residential group housing colony on the said land, applied for grant of licence vide its application dated 2.11.2004 sent to respondent No. 2. When no communication was received from the said respondent, the petitioner approached the Chief Minister, Haryana vide his representation dated 30.9.2005. For the first time, a notice was received by it on 4.5.2006 for appearance in person. It also filed a detailed representation dated 11.7.2006. However, its prayer was rejected as intimated vide letter dated 10.8.2006. Feeling aggrieved, the petitioner filed an appeal before Financial Commissioner and Principal Secretary to Government, Haryana, Department of Town and Country Planning and the same was accepted vide order dated 23.10.2006 (Annexure P10). In pursuance to the said order, respondent No. 2 reexamined the case of the petitioner, but conveyed the rejection thereof vide letter dated 2.3.2007 on the ground that the present approach to the site is only through a ten metres wide road, whereas as per approved policy, the minimum width should be twelve metres.

(3.) ON notice, the respondents put in appearance and filed a written statement praying that the writ petition be dismissed. A reference has been made to the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (for short, 'the Rules) and the Rules of 1976 framed thereunder. It has been averred that the application of the petitioner for grant of licence to set up a residential colony has been rejected after considering the same in the light of the policy of the government. The respondents have pointed out that after due examination, it was found that the site of the petitioner would get approach from a 10 meters wide road serving the HUDA plots planned in Sector- 15, Part-II and the same did not have its own independent access.