- (1.) The petitioner is a Society registered under the Societies Registration Act, 1860. The Society owns some land in the village Bhawana, near Pinjore in District Panchkula where it has established a School, besides raising other buildings including residences. The petitioner-Society applied for the post-facto permission to erect the above mentioned building under Section 6 of the Punjab New Capital [Periphery] Control Act, 1952 as amended by the Punjab New Capital [Periphery] Control Haryana Amendment Act, 1971.
(2.) The Director, Town and Country Planning, Haryana vide order dated 12th October, 2009 declined the above stated permission after observing that the exemption under Section 15 of the 1952 Act can be considered only for genuine residential needs of the local residents and such exemption is not intended to regularise the un authorised construction of the school and other structures raised by the petitioner Society. The appeal preferred by the petitioner - Society under Section 7 of the 1952 Act has also been turned down by the State Government vide order dated 20th July, 2010 inter-alia pointing out that the petitioner-Society has already lost multiple court cases and that the order passed by the Director calls for no interference. The Appellate Authority doubted the petitioner's bonafide as also the collusion of the departmental authorities who failed to take action against the petitioner despite there being no stay granted by any forum.
(3.) The aggrieved Society not only impugns the above mentioned both the orders, it also seeks quashing of the notification dated 23rd March, 1972 issued by the State of Haryana in exercise of its powers under Section 3 of the 1952 Act. A consequential direction to accord permission to the Society to raise construction and to approve its building plans, has also been sought.;