1. This Regular Second Appeal has been filed by the defendants-State of Haryana and others, against the judgment and decree dated 29-11-2001 passed by the Additional District Judge, Panchkula, whereby the appeal filed by the plaintiff was accepted, the judgment and decree dated 3-11-1999 passed by the trial Court were set aside and the suit of the plaintiff was decreed.

2. Lt. Gen. K.L.K. Singh (Retd.) (plaintiff) had filed suit for permanent injunction against the defendant-appellants, alleging therein that he and his wife had owned 2 bigha 15 biswa of land in village Naggal Mogi Nand and that after retirement from Army, he wanted to construct a residential house therein in order to look after the farm effectively. It was alleged that in this regard, the plaintiff moved application to the Deputy Commissioner, Ambala on 26-4-1990 for grant of permission to construct the said residential house, as required under the provisions of the Punjab New Capital (Periphery) Control Act, 1952 (hereinafter referred to as the Act). It was alleged that thereafter, another application in this regard was also submitted by the plaintiff and his wife jointly to defendant No. 1 i.e. Director,