IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12508 of 2014 Date of Decision: July 02, 2014 Rajender Singh and another .....Petitioners versus State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MRS.JUSTICE LISA GILL.
Present : Mr.Surender Lamba, Advocate, for the petitioneRs.-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) The grievance of the petitioners is that they are not being permitted to raise construction over their small piece of land within the revenue estate of village Gurgaon, Tehsil and District Gurgaon.
It is their case that the land measuring 1 biswa 10 biswansi comprised in KhaSr.No.2658 situated within the revenue estate of village Gurgaon, Tehsil and District Gurgaon was earlier acquired by the State of Haryana for its utilization by the Haryana Vidyut Parsaran Nigam for setting up Grid Sub Station in Sector 2-3 at Gurgaon.
The entire acquisition was quashed by this Court though the acquisition qua the petitioneRs.land came to be quashed subsequently vide order dated 01.08.2013 passed in CWP No.12103 of 2013.
The petitioners allege that notwithstanding the fact that they are absolute owners of the aforesaid land, the respondent-authorities are not permitting them to raise the construction.
Kumar Mohinder 2014.07.25 12:35 I attest to the accuracy of this order Chandigarh CWP No.12508 of 2014 [2].Having heard learned counsel for the petitioneRs.it appears to us that the writ petition at this stage is pre-mature.
We say so for the reason that the land in question admittedly falls within the urban area of Gurgaon and no construction can presumably be raised unless the petitioners obtain 'Change of Land Use' (CLU) permission and get the building plan sanctioned as per the zoning plan.
Suffice it to observe that if such permissions are required and the petitioners apply for the same, the Competent Authorities are directed to act promptly and in accordance with law.
An appropriate decision shall be taken within a period of three months from the date the permission is applied/approval sought.
The writ petition stands disposed of accordingly.
Dasti.
[SURYA KANT].JUDGE July 02, 2014 [LISA GILL].Mohinder JUDGE Kumar Mohinder 2014.07.25 12:35 I attest to the accuracy of this order Chandigarh