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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Maharishi Markandeshwar Developers Private Ltd. – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner seeks a writ in the nature of certiorari, thus for quashing the notification bearing No. CCP (NCR)/AMB/FDP/2012/2916 dated 6.9.2012 (Annexure P-30), wherebys the respondent-State has notified the Final Development Plan 2025 AD for Ambala, and, also seeks the quashing of Drawing No. DTP (A) 2923/2012 dated 3.9.2012 (Annexure P-31), wherebys the classification of the land belonging to the petitioner, has been changed from residential' to agricultural' and has been brought under agriculture operations, wherebys, it has been declared that theretos no change of land use/licence shall be granted'.
2. Furthermore, the petitioner has sought a relief that the respondents concerned, be directed to decide his application for the grant of licence to develop a residential plotted colony over the petition land measuring 95.431 acres, falling within the revenue estate of village Sarsehri/Rampur, Tehsil and District Ambala.
Brief facts of the case
3. It is averred in the instant petition, that the petitioner is an infrastructure development company having its registered office at Ambala city. The petitioner is the owner i
The State must follow due process and cannot arbitrarily demolish legal residential properties without proper notices and adherence to established laws.
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
The court mandated the urgent formulation of a Master Plan for Sonamarg to address pollution and illegal constructions, emphasizing environmental preservation and stakeholder involvement.
The absence of a substantively recognized lake leads to affirming private land ownership, rejecting claims of public water body due to encroachments and pollution.
The State has a constitutional duty to protect natural resources, and encroachments on public land must be removed to ensure environmental protection and community rights.
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