- (1.)This petition under Article 226 of the Constitution of India is directed against the order date April 2, 1991 passed by the Director, Town and Country Planning, Haryana, Chandigarh (for short, the Director) whereby, the request of the petitioner for regularising the unauthorised construction was declined. The appellate order dated February 6, 1992 dismissing the appeal as not maintainable against the said order has also been impugned in this petition.
(2.)The petitioner firm purchased in October, 1984 an area measuring 983 sq. yards and thereafter proceeded to construct sheds for installing a pharmaceutical unit and is also said to have constructed its administrative complex thereon. While the construction was going on, it was reported to the Director that the same was in contravention of same of the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (hereinafter called 'the Act') the land of the petitioner being within the controlled area as declared by the State Government under the Act. A notice dated March 13, 1985 was issued directing the petitioner to stop the construction immediately and its representative was required to appear in the office of the Director on 22.3.1985 at 10.00 a.m. to show cause as to why the petitioner be not ordered to restore the land in the controlled area of Gurgaon to its original position. The petitioner having failed to bring the construction in conformity with the provisions of the Act and rules framed thereunder within the time allowed, the Director served another notice dated January 9, 1991 under sub-section (3) of Section 12 of the Act and allowed twenty-four hours time to comply with the order failing which the petitioner was informed that the department would take such measures and may be necessary to give effect to the order and recover the costs of such measures from the petitioner. In reply to these notices, the petitioner again as per letter dated February 26, 1991 requested the department for an early decision of his application for composition pending since 1985 in regard to the admitted unauthorised construction. The request of the petitioner for compounding of the unauthorised construction was, however, rejected by the department as per letter dated April 2, 1991 (Annexure P-32 with the writ petition), the relevant part of which reads as under :-
"Subject : Compounding of construction of M/s. Suneja Pharmaceuticals Kh. No. 1154/2, Behrampur Road, Gurgaon. Reference your letter dated 20.9.89 on the subject cited above. 2. In this connection it is to inform you that your request cannot be acceded to for the reasons mentioned below :-

(i) That the unauthorised construction does not conform to the building Bye-laws of this department. (ii) That the proposed site is accessible only by a 12'wide approach, while it should be at least 30' wide. (iii) That the authorised constructions have been raised inspite of notices issued by the District Town Planner, Gurgaon on 22.8.90 and 20.9.90. Sd./- Distt. Town Planner (H.Q.), for Distt, Town & Country Planner, Haryana, chandigarh."

Feeling aggrieved against this order, the petitioner filed an appeal under Section 10 of the Act before the Commissioner, Gurgaon and the same was dismissed as not maintainable by an order dated February 6, 1992

(3.)Learned counsel for the petitioner while challenging the impugned orders contended before us that the department having allowed the petitioner to raise construction in the year 1984-85 could not now be permitted to turn around to say that the same was in contravention of the provisions of the Act, It has also urged that the order of the Commissioner, Furgaon, dated February 6, 1992 holding that the appeal filed before him was not maintainable was illegal inasmuch as the appeal was competent under Section 10 of the Act and the Commissioner ought to have decided the same on merits.