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2017 Supreme(P&H) 323

SURYA KANT, SUDIP AHLUWALIA
Sushant Apartments Residents Welfare Association – Appellant
Versus
Haryana Urban Development Authority – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sanjeev Sharma with Mr. Shekhar Verma.
For the Respondents: Mr. R.D. Sharma, Mr. Adarsh Jain and Mr. Deepak Manchanda.

JUDGMENT :

SURYA KANT, J.

1. The petitioner is a Welfare Association formed by the residents of Group Housing Scheme known as Sushant Apartments at Sushant Lok, Gurgaon. It seeks quashing of the revised layout Plan (Annexure P-2) whereby location of multi-storeyed apartments to be constructed for Economically Weaker Sections of the Society, i.e. EWS apartments has been shifted from the originally approved site near to the Towers where members of the petitioner-Association own their apartments.

2. Sushant Apartments have been constructed by respondent No. 2-builder, i.e. the Ansal Properties and Industries Limited (for brevity, Ansal). The project was floated by Ansal after obtaining licence under Section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 (for brevity, the 1975 Act). Section 3 of the Act enables an owner of the land which is within the limit of Municipal Area, to convert it to a colony after obtaining licence to develop it and the Director, Town and Country Planning Department is authorized to grant such licence subject to fulfillment of conditions prescribed under Section 3 read with other provisions of the 1975 Act.

3. After getting the licence, resp


















































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