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(2021) Law Today Live Doc. Id. 16054 = 2021(2) L.A.R. 183
Decided on: 16.03.2021
(PROCEEDINGS THROUGH V.C.)
Present:
Mr. Aman Dhir, Advocate, for the petitioner.
Ms. Shubhra Singh, Addl. A.G., Haryana.
Constitution of India, Article 226 -- Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (41 of 1963), Section 7 -- Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), Section 2(c) – Illegal colonies – Competent authority not taking any action – Writ petition -- Petitioner had been earlier approaching the respondents by way of representations followed by a subsequent notice through counsel which till date has not been responded to -- Competent authority seized of the matter, writ petition disposed of with a direction to the Director, Town and Country Planning, Haryana to consider the legal notice and take a decision thereon positively within a period of two months.
(Para 2-4)
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AUGUSTINE GEORGE MASIH, J. (ORAL) –
1. Petitioner has approached this Court with a grievance that the private respondents are setting up illegal colonies in violation of the Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963 and the Haryana Development and Regulation of Urban Areas Act, 1975 and the Rules framed thereunder. Highlighting this aspect, the petitioner had been earlier approaching the respondents by way of representations followed by a subsequent notice through counsel dated 27.01.2021 (Annexure P-5) which till date has not been responded to.
2. Counsel asserts that the petitioner at this stage would be satisfied if a direction is issued to the Director, Town and Country Planning, Haryana – respondent No.2 to consider and take a decision on the legal notice dated 27.01.2021 (Annexure P-5) within some specified time.
3. Counsel for the State submits that she has received instructions that the competent authority is seized of the matter and appropriate action will be taken in accordance with law, if required.
4. Without going into the merits of the case or commenting thereon, we dispose of the writ petition with a direction to the Director, Town and Country Planning, Haryana – respondent No.2 to consider the legal notice dated 27.01.2021 (Annexure P-5) and take a decision thereon positively within a period of two months. If some substance is found therein, further necessary action be taken forthwith.
Order accordingly.
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