JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner seeks the quashing of the Part Demarcation Plan/Sectoral Development Plan dated 11.12.2003 (Annexure P-10) approved by the respondents concerned, thus to carve out clinic sites in Sector-17, Panchkula, and, also seeks the quashing of the advertisement dated 12.7.2017 (Annexure P-12) qua the e-auction of the clinic sites No. 4 and 5 in Sector-17, Panchkula.

Brief facts of the case

2. It is averred in the instant petition, that the petitioner's association is a registered society and is working for the common and social welfare of the local residents. The respondents concerned, had issued an advertisement dated 12.7.2017 for the e-auction of the residential/institutional properties on freehold basis in various sectors of Panchkula Urban Estates on "as is where is basis". The said advertisement includes the e-auction of the plots/sites under the institutional category of Clinic Sites No. 4 and 5, measuring 237 sq. mts. each, falling in Sector-17, Panchkula. It is further averred, that the petitioner's association members were allotted the residential plots respectively measuring 6 marlas, 8 marlas and 10 marlas in Sector-17, Panchkula extension, in the year 2004 hence in the conducted draw of lots, thus on a freehold basis. The members of the petitioner-association raised the constructions thereons as per the planning and design prescribed by the respondent-HUDA. At the time of purchasing of the plots, the petitioner-association was never informed that the area where their residential plots have been carved out also includes the provision qua institutional sites i.e. clinic sites in front of their houses or in the same street. It is further averred in the instant petition, that as per the layout plan, the houses of the members of the petitioner association i.e. H. No. 872 to 888 in the category of 8 maria houses, fall right in front of the proposed clinic sites. Adjacent to the proposed clinic sites, there is a lane of 10 maria houses bearing House Nos. 871 to 862. Moreover, there is drive-way width connecting the houses with the street road, which is measuring 2 meter on one side and 3 meter on the other side. The road/street has been categorized as a C' road by the respondent authorities and heavy vehicles i.e. school buses are not allowed to ply on this road. It is also averred that the major drawback of the said street, is that, another end of the street i.e. falling at point of H. Nos. 888 and 862, is completely closed and, thus there is an entry at one point of the street but there is no exit of road on another end. It is further averred that there are total 5 number of clinic sites, which have been carved out in the layout plan but under the present auction process, the respondents concerned have floated two sites, and, the rest of the three clinic sites have been withheld by the respondents concerned. Furthermore, it is averred that all the residents are already facing huge difficulties for theirs properly accessing to their homes located at the end of the street, which is permanently closed, and, further the 5 mtr. width of street road is not serving the purpose.

3. It is further averred in the instant petition, that the provisions of the National Building Code, 2005 provide, that no building which attracts a large crowd shall be carved out or planned in the area less than minimum 12 meter width of means of access along with 200 mtr length of means of access. When the petitioner association came to know about the earmarking of the clinic sites in front of their houses, they made representation dated 27.6.2011 to the Administrator, HUDA, Panchkula, however, no action was taken on the said representation. Subsequently, one member of the petitioner association sought information under the RTI Act from the respondents concerned, about the status of the clinical sites, and, also about any extra provision being made for the parking in the proposed cli