Dr. Sunil Malhotra vs Haryana Shehri Vikas Pradhikaran & Ors.

“CIVIL WRIT PETITION under Articles 226/227 of the Constitution of India for issuance of a writ, order or direction in the nature of Certiorari for quashing impugned Letter/Order dated 25.8.2023 (Annexure P-21) (received under RTI) alongwith the impugned Revised Zoning/Layout Plan dated 23.8.2023 (Annexure P-22) whereby the proposal sent by the Administrator, HSVP, Panchkula for interchanging the numbering of Clinic Site No.1 with Clinic Site No.9 has been approved totally illegally, arbitrarily, clandestinely, without jurisdiction and contrary to the provisions of the Haryana Shehri Vikas Pradhikaran Act, 1977 and the Rules framed thereunder, violative of the principles of natural justice and the same is also vitiated by mala fide exercise of power by official respondents in connivance with private respondent No.5 with a view to defeat the valuable right of the petitioner and to deliver the possession of the site of the petitioner to private respondent No.5.

AND

For issuance of a writ in the nature of mandamus directing the Respondent-Authorities to immediately give actual physical possession of Clinic Site No.9 to the Petitioner alongwith its initial Zoning/Layout Plan in consonance with the Auction Notice as the Petitioner solely keeping in view the location and suitability of the site as projected by the Respondent/HSVP, participated in the auction and gave highest bid for the purpose of establishing a Clinic at the site in question. However, despite of the fact that the entire bid amount stands duly paid to the Respondent-Authorities, the Petitioner is being illegally and wrongly being restrained by the Respondent-Authorities from establishing his Clinic.

AND

It is further prayed that during the pendency of the present writ petition, operation of the impugned order dated 25.08.2023 and Revised Zoning/Layout Plan dated 23.08.2023 (Annexure P-22) whereby the Clinic Site No.9 allotted to the Petitioner has been illegally, wrongly arbitrarily and with malafide intentions has been swapped with Clinic Site No.1 allotted to the Private Respondent may kindly be stayed and the Petitioner be permitted to run its Centre in the interest of justice, equity and fair play. The impugned action is not only totally illegal, arbitrary and a result of total non-application of mind and directly infringes the fundamental rights of the Petitioner.

AND

For issuance of a writ in the nature of mandamus directing the Respondent-Authorities to immediately pay adequate damages as well as interest @ 24% per annum on the total amount paid by the Petitioner in respect of the Clinic Site No.9 in question from the date of the entire payment till the date of handing over actual physical possession of the same alongwith its initial Zoning/Layout Plan in consonance with the Auction Notice; in the interest of justice, equity and fair play.

AND/OR

Any other appropriate writ, order or direction which this Hon'ble High Court deems fit and proper in the facts and circumstances of the case.”

“Present: Mr. Kunal Mulwani, Mr. Himanshu Chauhan and Mr. Sagar, Advocates for the petitioner. Mr. Deepak Bhardwaj, Additional Advocate General, Haryana. Mr. Sumeet Mahajan, Senior Advocate with Ms. Shruti, Ms. Minakshi, Mr. Shrey Sachdeva, Ms. Harpreet Kaur and Mr. Shailesh Aggarwal, Advocates for respondent No.5. Learned counsel for the petitioner as well as learned senior counsel for respondent No.5 have submitted that the hearing before the Chief Administrator, HSVP, concluded on a positive note and an amicable settlement has been arrived at and in pursuance thereto, a revised demarcation-cum-zoning plan has been prepared and same has been submitted to the competent authority for final approval. Adjourned to 17.08.2026. To be shown in the urgent list. July 15^th, 2026”