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 in possession of the land measuring 95.431 acres situated within the revenue estate of village Sarsehri/Rampur, Tehsil and District Ambala. The petitioner under Section 3 of the Haryana Development and Regulation of Urban Areas, 1975 (for short the Act of 1975') applied for the grant of licence on 21.11.2008, thus for setting up a residential colony over the land measuring 95.431 acres, and, also submitted the prescribed Form LC-1 along with the required documents along with a sum of Rs. 3,35,07,057/- through demand drafts. On 8.12.2008, the respondent No. 4 served a letter upon the petitioner wherebys it was asked to complete the shortcomings, as mentioned in the letter. On 8.1.2009, the petitioner again submitted an application along with Form LC-1, after completing the list of documents, as required by the respondent concerned. Subsequently another letter dated 27.2.2009 was served upon the petitioner to complete the shortcomings i.e. Takseem Intkal as the same became not submitted earlier, besides some other shortcomings were also asked to be overcome by the present petitioner. The petitioner vide its letter dated. 1.6.2009 submitted the requisite documents, and, also clarified that the case for takseem is pending adjudication before this Court.

4. It is further averred in the instant petition, that vide letter dated 26.5.2009 (Annexure P-7), respondent No. 4 sought a report rather from the Engineer-in-Chief, Irrigation Department-respondent No. 5 appertaining to the vulnerability of the subject lands to flood actions. The contents of the letter (supra) become extracted hereinafter.

"2. M/s M. M. Developers (P) Ltd has applied for grant of licence to develop a residential plotted colony on the land measuring 95.431 acres revenue estate of village Sarseri/Rampur, Tehsil & District Ambala. As per development plan 2021-AD of Ambala, the site falls in residential sector 43. A part of site falls in river Tangri, therefore, the comments in respect of ability is required from you. While sending a copy of development plan showing the location of the site applied for grant of licence, you are therefore requested to send your comment/report in respect of floodability for the applied land to this office at the earliest, so that further action will be initiated on the case. "

5. Subsequently, vide letter dated 27.9.2009 (Annexure P-8), issued by respondent No. 5 to the Superintending Engineer, SYL, W/S Circle, Ambala, a report was sought qua whether the area gets flooded owing to heavy rain, whereupon respondent No. 4 received reply (Annexure P-9) from the department concerned, stating thereins, that the said area has natural drainage to the river and that the area does not get flooded. In response to the letter dated 27.7.2009, the petitioner furnished its unde