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Judgment
VIKAS BAHL, J. (ORAL)
In the head note of the petition, following prayers have been made:-
“Civil Writ Petition under Articles 226/227 of the Constitution of
India for issuance of a writ in the nature of MANDAMUS,
directing the Respondents to consider and decide, by a reasoned
and speaking order and within a fixed and reasonable time, the
Petitioners' pending applications dated 10.02.2026 and
18.02.2026 [ANNEXURE P-8] for change of land use of the
properties in question, after identifying with clarity the authority
competent to decide the same;
AND
For issuance of a writ in the nature of MANDAMUS or other
appropriate writ, order or direction directing the Respondents to
maintain status quo in respect of the Petitioners' properties, and
to forbear and refrain from taking any coercive, precipitate or
irreversible action, including sealing, demolition or
dispossession, against the Petitioners or their properties, save in
accordance with law and the principles of natural justice,
pending and subject to the decision on the aforesaid applications
and the present Writ Petition;
AND/OR
Pass any such other appropriate writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.”
Learned Senior counsel for the petitioners has submitted that the petitioners have filed applications to the Municipal Corporation, Gurugram for conversion of the property to non-residential/commercial/mixed use of the land. It is submitted that the said applications are four in number and the said applications have been forwarded to the District Town Planner, Gurugram by virtue of communication dated 06.03.2026. It is submitted that till date, no decision has been taken on the said applications and it is prayed that respondent No.4-District Town Planner, Gurugram be directed to consider the said applications and decide the same in a time bound manner and has further submitted that in case the pleas raised in the applications are found to be meritorious then necessary relief would also be granted to the petitioners. It is further submitted that the petitioners or their authorized representatives be also granted personal hearing before passing the order on the said applications.
Learned counsel for the respondents has submitted that the decision on the said applications (Annexure P-8) would be taken by respondent No.4 within a period of two months from today after providing opportunity of hearing to the petitioners or their authorized representatives.
Keeping in view the abovesaid facts and circumstances and fair stand taken on behalf of the petitioners and the respondents, the present writ petition is disposed of with direction to respondent No.4 to consider and decide the applications filed by the petitioners (Annexure P-8) which have been forwarded by the Municipal Corporation, Gurugram to the District Town Planner, Gurugram vide communication dated 06.03.2026, within a period of two months from today after giving opportunity of hearing to the petitioners or their authorized representatives. In case, respondent No.4 is of the opinion that the pleas raised by the petitioners in the said applications are meritorious then necessary relief would also be granted to the petitioners expeditiously.
It is made clear that this Court has not opined on the merits of the case and respondent No.4 would decide the applications independently, in accordance with law.