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2012 Supreme(P&H) 418

A.N.JINDAL, HEMANT GUPTA
Nivedita Sharma – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Ms. Nivedita Sharma, Advocate.
For the Respondent: Mr. Aman Chaudhary, Additional AG, Haryana.

JUDGMENT

Mr. Hemant Gupta, J.: - The petitioner has challenged the legality of the circular dated 27.3.2009 (Annexure P.3) issued by the Financial Commissioner and Principal Secretary to Government of Haryana, Town and Country Planning Department, as violative of the provisions of the Constitution of India.

2. The petitioner relies upon an agreement to sell dated 10.1.2008 in respect of purchase of the basement of a residential building bearing Number F-5/5 measuring 550 sq. ft. in a licenced plotted colony “DLF Qutab Enclave”, Phase-I, Gurgaon, entered with Rahul Bansal. The said Rahul Bansal has purchased the property from a builder, namely, Shri Vikram Vij on 12.3.2001. It is alleged that the Government has stopped registration of individual floors without any valid reasons. The petitioner alleges that a circular has been issued on 27.3.2009 whereby the floor-wise registration of the property has been permitted, but it is stipulated therein that basement cannot be registered independently and can be registered only along with the ground floor. It is the said circular, which is challenged by the petitioner, in the present writ petition.

3. In support of the plea that the sale dee









































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