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HC to Haryana: No building licence without notification Chandigarh, January 23
The directions by the Division Bench of Chief Justice Sanjay Kishan Kaul and Justice Arun Palli came on a petition filed by Rishi Dagar and Chandra Shekhar against the Union of India and other respondents. The directions came after the bench was informed of the construction activity going on in the NCR region without the notification of the mandatory sub regional plan. As the case came up for resumed hearing today, Haryana Financial Commissioner and Principal Secretary TC Gupta sought additional two month’s time for the approval of the sub regional plan. Taking a note of the assertion, the bench passed the orders against the issuance of licences and acquisition process till the approval and notification of the plan. The petitioners in this case had earlier challenged the proposed master plan 2025 and 2031 for Gurgaon. It was argued that the state’s move to prepare the master plan without the approval and notification of the sub-regional plan was violation of National Capital Region Planning Board Act 1985. This is the second embarrassment for the Haryana Government in just about a fortnight. On January 11, the high court had quashed the acquisition proceedings for nearly five acres of land in Gurgaon, holding that the process was initiated in 2009 with the intention to help private builders and other affluent individuals. Taking up the matter, the high court had held that the acquisition was done for “extraneous” considerations. In 2009, the Haryana Government had issued a notification for acquisition of more than 1,400 acres in eight villages around Gurgaon. But just a year later, the state released over 95 per cent of the acquired land. The final acquisition was for a little over 85 acres.
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