K.RAMASWAMY, M.N.VENKATACHALIAH
Virender Gaur – Appellant
Versus
State Of Haryana – Respondent
ORDER
1. Leave granted.
2. The undisputed facts are that the Municipal Committee, Thanesar, District Kurukshetra in Haryana State, framed Town Planning Scheme No. 5. The Government of Haryana had sanctioned that Scheme on 30-10-1975. It would appear that one of the appellants, namely, the first appellant was the owner of a parcel of land in the Scheme. She surrendered 25% of her land to the Municipality which was a condition for sanction to construct her building. By operation of Section 61 of the Haryana Municipal Act, 1973(for short the Act), the land stood vested in the Municipality. The construction of the buildings had to be in accordance with Section 203 while Section 205 prohibited construction in contravention of the Scheme. Admittedly, in the Scheme, the land, the subject-matter of the lease for 99 years made in favour of the Punjab Samaj Sabha (for short the PSS), was earmarked for open spaces. The Government, on 3-4-1991, sanctioned for the allotment of the land to PSS on payment of the price at the rates specified therein. It would also appear that PSS had paid the price on 18-4-1991 and had obtained sanction on 18-12-1992 for construction of Dharmashala. It is the case o
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