DEEPAK RANA Vs. STATE OF HARYANA
LAWS(P&H)-2014-4-291
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 04,2014

Deepak Rana Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Surya Kant, J. - (1.) THE petitioners have admittedly raised illegal and unauthorized construction without seeking prior permission of the Competent Authority. Their houses are sought to be demolished in compliance to the directions issued by this Court in exercise of public interest jurisdiction. The petitioners moved a Review Application which was also declined vide order dated 20.03.2014.
(2.) FACED with this, the petitioners now question the vires of Section 3(a) of the Haryana Management of Civil Amenities and Infrastructure Deficient Municipal Areas (Special Provisions) Act, 2013 (hereinafter referred to as 'the Act'). The constitutionality of the above -mentioned Act, as a whole being not under challenge, we do not deem it necessary to express any views nor this order shall be taken as approval of the legislative object or policy behind its enactment. Suffice it to observe that under the Act, those illegal and unauthorized constructions which were raised prior to 30.06.2009, are sought to be regularized obviously to wriggle out of the directions issued by this Court from time to time to prevent the unauthorized mushroom growth of illegal colonies by the private builders. The only question raised before us is that instead of regularizing the unauthorized constructions raised prior to 30.06.2009, the legislature ought to have regularized even those illegal constructions which have been raised till the Act coming into force on 26.09.2013.
(3.) WE have heard learned counsel for the petitioners at some length and perused the paper book.;


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