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2018 Supreme(P&H) 145

S.J.VAZIFDAR, HARINDER SINGH SIDHU
Innovative Techno Park Private Limited – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. Chetan Mittal, Senior Advocate with Mr. Dheeraj Malhotra, Mr. Akshay Ringe and Mr. Prateek Gupta, Advocates
For the Respondents:Mr. Deepak Balyan, Additional Advocate General, Haryana. Mr. Lokesh Sinhal, Advocate

JUDGMENT :

S.J. VAZIFDAR, J.

1. The petitioner has challenged an order dated 01.04.2016 issued by respondent No.2 and an order dated 19.05.2017 passed by respondent No.1 and has sought a writ of mandamus directing the respondents to permit it to utilise its land and buildings for all purposes and in the manner permitted to institutional buildings in similarly zoned sectors developed by Haryana Urban Development Authority (HUDA).

2. Respondent No.1 is impleaded through the Financial Commissioner-cum-Principal Secretary, Town and Country Planning Department, Haryana. Respondent No.2 is the Urban Local Bodies Haryana. Respondent No.3 is the Director General, Town & Country Planning, Haryana. Respondent No.4 is the Municipal Corporation, Gurugram, Haryana. Respondent No.5 is the Haryana Urban Development Authority (HUDA).

3. The case in essence is this. In the Development Plan, the petitioner’s land falls under the category:-

“600 PUBLIC AND SEMI PUBLIC USE

610 MINI SECRETARIAT, JUDICIAL COMPLEX, JAIL POLICE STATION AND OTHER INSTITUTIONS

620 EDUCATIONAL, CULTURAL, RELIGIOUS INSTITUTIONS

630 MEDICAL AND HEALTH INSTITUTIONS

640 CULTURAL INSTITUTIONS LIKE THEATRES, OPERA HOUSES ETC. OF NON-COMMER





















































































































































































































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