UMA NATH SINGH,J. - (1.) HEARD learned counsel for parties and perused the writ records.
(2.) THIS judgment shall also dispose of connected Civil Writ Petition Nos. 19831, 19909, 19914, 19915, 19916 of 2005, 9910, 15180, 15732, 15964, 16033, 16173, 20494 of 2006, 1375, 1511 1651, 2089, 2181, 2462, 2823, 2915, 3039, 3506, 4204, 4652, 4836, 6764, 10380, 10679, 13098, 16095, 16100, 16261, 16467, 16574, 17127, and 17149 of 2007, as this bunch of writ petitions involves common questions of law with somewhat similar facts which need not be detailed for disposal of these cases in view of consensus between parties on the stand taken by learned Advocate General, Haryana, Shri H.S. Hooda. Learned Advocate General, Haryana, Shri H.S. Hooda, referred to notification dated 5.11.2007 issued by Government of Haryana, Town and Country Planning Department (Haryana Government Gazette (Extra), dated 5.11.2007) with No. PA-2007/28277, and took us to amendment in Rule 49 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, in respect of State of Haryana, carried out in exercise of powers conferred by Sub-section (1) read with Sub-section (2) of Section 35 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. Relevant portion of Draft Rules, on reproduction, reads as : "1. (1) These rules may be called the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development (Haryana Amendment) Rules, 2007. (2) they shall come into force with immediate effect. 2. In the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965, hereinafter called the rules), in rule 38, after clause (xxiv), the following clause shall be inserted, namely :- (xxiv-a) "non-nuisance professional consultancy services" shall include Doctors (without nursing home); Lawyers; Tax consultants, Architects (without studio), Contractor Consultants, Chartered Accountants, Company Secretaries, Property Consultants and Tourist guides; 3. In the said rules, in rule 49 under heading "SCHEDULE", (i) for sign "." existing at the end, the sign "." shall be substituted; (ii) after the fiftieth proviso, the following proviso shall be added, namely :- "Provided further that the 25% of the built up area of the building or upto, 50 square meter, whichever is less, can be used for non-nuisance professional consultancy services, after getting permission from Director or any other officer authorized by him in writing. The applicant shall apply for specific use of consultancy services as mentioned in clause (xxiv-a) of rule 38, in form N-1 alongwith fee as mentioned in schedule IV-A. The permission shall be granted in form N-11".
(3.) ACCORDING to Mr. Hooda, aforesaid amendment in Rule 49 has also been reproduced in reply on behalf of the State, to Civil Writ Petition No. 16100 of 2007 (Om Properties and others v. State of Haryana and others), which reads as under :- "3. That the Government has made a policy vide gazette notification No. PA- 2007/28277 dated 5.11.2007 published on 5.11.2007 regarding rendering 25% "Non-Nuisance" professional consultancy service in the land/building disposed of for residential purposes to the extent 25% of the built up covered area of the building or upto 50 square meters which ever is less, can be used for non-nuisance professional constituency services with the prior permission of competent authority on payment of prescribed fees as Annexure R-1. Thus, the petition is liable to be dismissed." ;