SUBIR KAUR DEY Vs. STATE OF HARYANA
LAWS(P&H)-2007-1-74
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 08,2007

Subir Kaur Dey Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

VIJENDER JAIN, J. - (1.) PETITIONERS by this writ petition have impugned notification No. CCP(NCR) DDP(G)/2006/1697 dated 11.7.2006 issued under sub- section (4) of Section 5 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963).
(2.) PURSUANT to the aforementioned notification, the State of Haryana published a draft development plan 2021 AD for Gurgaon-Manesar Urban Complex, along with restrictions and conditions enumerated in Annexures A and B annexed therewith, to be made applicable to the controlled areas specified in Annexure-B. Objections or suggestions were invited from any person, in writing with respect of the plan, before the expiry of the period of 30 days from the date of publication of the notification by the Haryana Government. These objections were to be filed before the Director, Town and Country Planning, Haryana. Petitioners inter alia contend that the road which is proposed to be built, pursuant to the said draft notification, would dislocate the petitioners. Petitioners have placed reliance on a communication sent by one Mr. M.P. Bidlan, the then Deputy Commissioner, Gurgaon on 24.8.1994 and on the basis of the said communication contend before us that no notice under the Land Acquisition Act pertaining to this land was issued and as the land was not a part of any town planning scheme, the draft notification be quashed.
(3.) WE have asked the petitioners as to how agricultural land could be converted to residential use as from a perusal of the sale-deed at page 28 of the paper-book, it is manifesty clear and is admitted by the petitioners that they purchased agricultural land bearing killa No. 49//16/1 and 15/10 situated in the revenue estate of village Chauma, Tehsil and District Gurgaon and constructed houses thereon.;


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