High CourtsDivision Bench(2023) 08 P&H CK 0087

Aman Batra vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 29 August 2023

HON’BLE JUDGES
G.S. Sandhawalia, J · Harpreet Kaur Jeewan, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 18812 Of 2023 (O&M)

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Judgment

9 paragraphs · 297 words

G.S. SANDHAWALIA, J

CM-14484 & 14488-CWP-2023

Applications for placing on record certain documents as Annexures P-12 to P-21 and for exemption from filing certified copies/true typed copies of the same, are allowed, subject to just exceptions. Annexures P-12 to P-21 are taken on record. Office to append the same at the relevant place.

CMs stand disposed of.

CWP-18812-2023

In the present writ petition filed under Article 226 of the Constitution of India the petitioner has sought directions for not carrying out any illegal demolition in the premises in question owned by him comprised in Khasra No.1265/1029, 1264/1029, 1266/1029, 1034, 1035, 1067/1034 and 1268/1034 situated in the revenue estate of village Khandsa, Tehsil Kadipur, District Gurugram in view of the grounds mentioned in the petition and in the interest of justice, equity and good conscience.

2.

Counsel has tried to convince us that certain portions of the land falling in Khasra Nos.1035 and 1036 had been demolished and no show cause notice or order had been passed and a categorical averment was made in paragraph No.3 (XII) regarding this aspect.

3.

On 25.08.2023 we had asked counsel for the petitioner to place certain documents on record. Today, vide CM-14484-CWP-2023 various documents have been placed on record. Counsel for the State has placed on record photocopy of the show cause notice dated 30.12.2022 and the subsequent order dated 31.03.2023 passed under Section 10(2) of the Haryana Development and Regulations of Urban Areas Act, 1975, wherein Khasra Nos.1035 and 1036 has been specifically mentioned.

4.

Faced with this situation counsel for the petitioner is not in a position to press the present writ petition. Accordingly, the same is dismissed as not pressed. Liberty is given to the petitioner to avail of his alternate remedy in accordance with law, if any.