- (1.) The challenge in the present writ petition is to an order dated 11.02.2000 passed by the Tribunal constituted under Punjab Schedule Roads & Controlled Areas Restriction of Unregulated Development Act, 1963 (for short the Act) as amended by Haryana Act No. 6 of 2007 whereby an order passed by District Town Planner, Kurukshetra exercising the powers of Director, Town and Country Planning, Haryana was set aside holding that the construction has been raised in terms of permission granted by the Municipal Authorities, therefore, the same cannot deserve to be reviewed. The brief facts leading to the present writ petition are that predecessor of respondent No. 1 purchased land measuring 5 Kanal 17 Marlas situated in revenue estate of village Jhambra Shahbadm, Tehsil Thanesar, District Kurukshetra, and raised construction in the form of a Saw Mill and a wooden Stall (Lakkar Taal) somewhere in the year 1969. Such construction is reflected in the Jamabandi for the year 1969-70.
(2.) The aforesaid land became part of controlled area vide notification dated 17.12.1970 issued under Section 4 of the Act. In terms of Section 5 of the Act, the development plan were published on 02.01.1973 wherein the land in question was reserved for residential purposes.
(3.) The respondent No. 1 was served a notice on 14.05.1982 that the respondent has erected or re-erected a building over Khasra No. 31//16/2 and called upon the present respondent No. 1 to restore the land to its original state. An order was passed to restore land at Khasra No. 31//16/2 to its original state on 24.06.1982. However, the municipal limits of Municipal Committee Shahbad was extended on 26.08.1985 and the land in question came to be within the municipal limits. Thereafter, the respondent No. 1 got the building plan sanctioned in respect of the construction raised over Khasra No. 31//16/2, 24/1 and 24/2.;