DAULTABAD ROAD INDUSTRIAL AREA ASSOCIATION (REGD.) AND ANR., COSCO (INDIA) KAMGAR UNION Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) BY this common judgment, C.M. No. 18509 of 2009 filed in C.W.P. No. 7540 of 2007; C.W.P. Nos. 19371 of 2008 & 19233 of 2009 and C.O.C.P. No. 246 of 2009 are being dispose of as identical questions of law and facts are involved therein.

(2.) THE fountain -head petition being C.W.P. No. 7540 of 2007, we propose to cull out the facts and the sequence which unfolded subsequently leading to filing of above two writ petitions, the civil miscellaneous application and the contempt petition mentioned above from it.

(3.) NOTICE of motion was issued in the said petition and during the course of proceedings on 31.5.2007, Shri Randhir Singh, Additional Advocate General, Haryana had apprised the Court that a meeting was called by the Deputy Commissioner, Gurgaon with the petitioners so as to work out the modalities of extending the width of the road from 3 meters keeping in view the ground realities. The Court was also apprised of the fact that the stretch of the land in dispute is 180 meters only. Since the concern of the Court was only confined to the grievance of the petitioners in the said petition regarding smooth flows of the traffic by providing adequately wide road for the same, the Division Bench observed in the order dated 31.5.2007 that it was not to decide whether the area required was 100 meters or 180 meters and it was to be decided by the government taking into consideration the ground realities of the service road and congestion points involved on that point. It was, however, made clear that no parking, loading, unloading of vehicles or any kind of encroachments shall be allowed to take place by the Deputy Commissioner, Gurgaon on the service road till the alternate route was made operational.