JUDGEMENT
RASTOGI,J. -
(1.) Leave granted.
(2.) The question that arises for consideration in this batch of appeals is whether the methodology adopted by the Respondent
State of Haryana for grant of licence of its own land on the principle
of First Come First Serve basis for development of a group housing
colony under the Final Development Plan of GurgaonÂManesar
Urban Complex for 2025 can be said to be just, proper and legally
tenable in law.
(3.) The High Court under the impugned judgment dated 26th August, 2015 taking note of the Scheme of Haryana Development
and Regulation of Urban Areas Act, 1975 (hereinafter referred to as
the "1975 Act") read with Haryana Development and Regulation of
Urban Areas Rules, 1976 (hereinafter referred to as the "1976
Rules") held that the policy adopted by the State authorities for the
grant of licence on the principle of First Come First Serve basis
cannot be held to be fair, reasonable and transparent method and it
led to an unholy race amongst the applicants in achieving their goal
of obtaining grant of licence held it against public policy and in
sequel thereof cancelled the grant of licence to the impleaded
respondents 4 to 7 (Appellant herein) with a direction to the State
Government to consider the grant of licence after framing a
transparent and fair policy to grant privilege of licence.;
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