S.S.SARON,J. - (1.) The petitioner - Resident Welfare Association, Sector 45, Pocket (D), Gurgaon through its President Shri Jaswant Singh Dagar has filed this petition in the nature of public interest litigation seeking directions against Haryana Urban Development Authority ('HUDA' - for short) through its Chief Administrator; HUDA through its Administrator and the Principal Secretary, Town and Country Planning Department, Haryana (respondents No. 1 to 3) to construct the missing link of the 18 metres wide road leading to Netaji Subhash Marg 'A' Road between Sector 45 and Sector 40, Gurgaon (Near plot No. 1425 etc., Sector 45, Gurgaon) shown in red colour in the site plan attached with the petition as Annexure P1 and also in the revised site plan (Annexure P10). A further prayer has been made for restraining the respondents to construct the Nursery School on the missing patch shown in red colour of the 18 metres wide road of Sector 45, Gurgaon, as per zoning plan (Annexure P9).
(2.) In order to understand the factual position of the case the following drawing may be noticed: JUDGEMENT_42_LAWS(P&H)8_2016.jpg
(3.) A perusal of the above drawing shows that there is an 18 metres wide road that comes from the top and it terminates at point 'X'. The boundary of the plotted colony has been depicted. The area above the said line is the colony developed by the HUDA and the lower portion of the same is owned by the private colonizers including Unitech Ltd. (respondent No. 4). Horizontally, there is an 18 metres wide road which is between Sector 45 and Sector-40, Gurgaon. This is known as Netaji Subhash Marg. The letters 'NS' depict the Nursery School, which is part of area that is below the line showing the boundary of plotted colony. It was owned by Unitech Ltd. (respondent No. 4). The Nursery School has now been constructed by Science Olympiad Foundation (respondent No. 5).;