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2015 Supreme(P&H) 1117

HEMANT GUPTA, SHEKHER DHAWAN
Pawan Bhatia – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioners:Mr. Puneet Bali, Sr. Advocate, with Mr. Vinod S. Bhardwaj, Advocate.
For the Respondent: Mr. Lokesh Sinhal, Addl. AG, Haryana.
For the Respondent Nos. 4 & 5:Mr. R.S. Cheema, Senior Advocate, with Mr. Shekhar Verma, Advocate.
For the Respondent No.6:Mr. Aashish Chopra, Advocate.
For the Respondent No.7:Mr. Arun Monga, Advocate and Mr. Kanwal Goyal, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.:- The petitioners have claimed a writ of mandamus directing an inquiry into the functioning of the Department of Town and Country Planning, Haryana, whereby the licences and/or the change of land use has been granted in an arbitrary manner and for illegal consideration. The petitioners have also sought to set aside the order dated 20.9.2013 (Annexure P.17), whereby an appeal filed by the petitioners against the rejection of their claim for grant of licence, stands dismissed. Such appeal was directed against an order dated 16.9.2011 passed by the Director General, Town and Country Planning, Haryana.

2. The petitioners are owners of land measuring 108 kanal 19 marla (13.61875 acres) in the revenue estate of village Ullawas, Tehsil and District Gurgaon. As per the petitioners, the minimum area for grant of licence for a Group Housing Colony is 10 acres. The petitioners applied for licence for developing a Group Housing Colony in terms of the Haryana Development and Regulation of Urban Areas Act, 1975 (for short ‘the 1975 Act’) on 10.9.2010, received by the respondents on 13.9.2010. The petitioners state that they meet the criteria for grant of licence even






































































































































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