IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 8797 of 2009 Date of Decision: 22.07.2009 South City-II, Resident Welfare Association (Regd.) & others ..Petitioners versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Ms. Sharmila Sharma, Advocate for the petitioners ***** T.S.Thakur, C.J. (Oral) Issue notice of motion to respondents No.1 and 2 only. Mr. Randhir Singh, Addl. Advocate General, Haryana accepts notice on behalf of the said respondents and submits that the petition could be disposed off at this stage itself with a direction to the Director, Town & Country Planning Department, Haryana to examine the complaint filed by the petitioners and pass an appropriate order under Section 8 of the Haryana Development and Regulation of Urban Areas Act, 1975 after CWP No. 8797 of 2009 [2] hearing the colonizers concerned who are alleged to be in default. He urged that the question, whether or not there is any violation of the terms of the licence granted in favour of the colonizers, need not be examined by this Court on-merits at this stage and the matter be left to be looked into by the Director. We find merit in that submission. Although a complaint has been made by the petitioners to the Director in the form of a legal notice dated 22.01.2009 alleging violations by the colonizers, yet the Director does not appear to have taken note of that complaint nor has he passed any order on the subject. We, however, see no reason why the Director, Town & Country Planning, Haryana should not look into the complaint and pass an appropriate order after providing an opportunity of being heard to the colonizers concerned. Any one aggrieved of the order which the Director may eventually pass can seek his remedy against the same in appropriate proceedings. In the result, we allow this petition but only in part and limited to the extent that Director-respondent No.2 shall look into the complaint made by the petitioners in terms of a legal notice dated 22.01.2009 Annexure P-5 and pass an appropriate order in accordance with law after notice to the colonizers concerned. No costs. (T.S.THAKUR) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 22.07.2009 'ravinder'