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2001 Supreme(P&H) 594

JAWAHAR LAL GUPTA, N.K.SUD
State of Haryana – Appellant
Versus
Pritam Singh – Respondent


Advocates Appeared:
For the Petitioners: Ms. Palika Monga, A.A.G., Haryana.

JUDGMENT

N.K. Sud, J. - The private respondents (respondents No. 1 to 3) filed an appeal before the Tribunal against the action of the State Government (now petitioners before us) in demolishing the houses constructed by them on the disputed site at village Kakru, District Ambala. The Tribunal allowed the appeal vide its order dated 21.9.2000. This writ petition has been filed by the State of Haryana challenging the aforesaid order of the Tribunal.

2. The petitioners had demolished the houses by acting under the Punjab Scheduled Roads and Controlled Areas (Restriction on Unregulated Development) Act, 1963, (for short "the Act") on the ground that the disputed structures fell within a distance of 30 meters from the land boundary of National High Way No. 22. The respondents, however, maintained that they had constructed their houses in Khasra Nos. 65/1, 65/2 and 65/3 which fell within the Abadi Deh of village Kakru and, therefore the same stood exempted in view of sub- clause (a) of Section 22 of the Act.

3. This is the third round of litigation on this very issue. The respondents had earlier been issued notices requiring them to show cause why the disputed structures may not be demol









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