STATE OF HARYANA Vs. MITTAL AUTO SERVICES

JUDGEMENT

(1.) THE State of Haryana and the Director, Town and Country Planning, Haryana have challenged the order Annexure P-1 passed by the Commissioner, Hissar Division on the appeals filed by the respondent No. 1 for grant of permission to install filling station and auto service store at Charkhi Dadri.

(2.) THE material facts of the case are that the application dated 12. 10. 1994 submitted by respondent No. 1 to the District Magistrate, Bhiwani for change of land use was sent by the latter to the District Town Planner, Bhiwani, who forwarded it to the petitioner No. 2. After considering the prayer of the respondent No. 1, the Director, Town and Country Planning rejected the same vide his order dated December 30, 1994 on the following grounds:" (i) That the title of the land is not in name of the applicant as the land has been taken on lease for 20 years only which cannot be considered a right of ownership under Rule 26-A of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965. (ii) That the proposed site is situated on Dadri-Loharu Schedule road where the permission for storage of petroleum product which is highly explosive in nature is not considered appropriate from traffic point of view. (iii) That 3698. 8 square mtrs. area of the site falls within 30 mtrs. restricted belt along the schedule road where no permission for the construction can be considered as per the Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. (iv) That the proposal of setting up of storage of petroleum products in highly inflammable/explosive in nature for which N. O. C. from Ministry of Environment and Forest, Government of India, under their Notification No. Z-12013/4/89-IA-I dated 28. 1. 1993 is prerequisite.

(3.) WE have heard Shri Parmod Goyal and perused the record. The respondent No. 1 has neither filed reply nor any one has appeared on its behalf to argue the case.