CWP No.1231 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 1231 of 2008 Date of Decision: 9 - 12 - 2009 Narindner Kumar and others ....Petitioners v. Haryana Urban Development Authority and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Sanjay Vij, Advocate for the petitioners. Mr.Raghujeet Singh Madan, Advocate for respondents No.1 to 3. Mr.Sunil Nehra, Sr. DAG, Haryana for respondent No.4. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present writ petition has been filed with a prayer that notice dated 15.1.2008 whereby Dhaba sites have been sought to be auctioned in Sector 19, Sonepat be quashed. During the course of arguments, counsel for the petitioners has limited his prayer to the extent that petitioners have filed an application for grant of license in Form LC-1 to the competent authority qua the sites where auction is proposed for Dhaba sites. In para 7 of the writ petition, it has been averred as under:- CWP No.1231 of 2008 [2] “7. That though the proposal for carving out sites for Dhabas was only with regard to Sector 58, Sonepat and Sector 4, Karnal, however, while issuing public notice in Dainik Bhaskar dated 15.1.2008, apart from the aforesaid two Sectors, Sector 19 has also been included in which 38 sites have been sought to be auctioned. The grievances of the petitioners are that the sites in Sector 19 which have been sought to be included which comes to about 7 acres is that piece of land regarding which the petitioners have already submitted their applications for the grant of license in Form LC-1 to the competent authorities which are pending consideration. The copy of the newspaper report alongwith its true translation is attached herewith as Annexure P-1.” Mr.Raghujeet Singh Madan, appearing for Haryana Urban Development Authority has stated that on the application filed by the petitioners, decision is to be taken by the Director, Town and Country Planning, Haryana. A written statement has been filed on behalf of respondent No.4-Director, Town and Country Planning, Haryana by the District Town Planner, Sonepat . In para 7 of the written statement, on merits, it has been stated as under:- “7. That in reply to the contents of para No.7 of the petition, it is submitted that as there was insufficient space available in Sector-58, Dhabas sites were also proposed in Phase-I & II of Sector-19, which was already acquired by the Government. The site in Sector-19 is ideally located along National CWP No.1231 of 2008 [3] Highway, which is most suitable for rehabilitation of Dhabas. It is further submitted that pendency of the application of the petitioners for grant of licence is a matter of record. The contents of preliminary submissions may please be read as part of reply to this para and are not repeated for the sake of brevity.” Counsel for the petitioners has stated that he will be satisfied if a conscious decision is taken on the application filed by the petitioners and a speaking order is passed so that they are able to pursue the legal remedy in case their application is rejected. Mr.Nehra has stated that decision to this effect shall be taken by the competent authority within three months from today. In view of the statement made by Mr.Nehra, it is ordered that application qua which averments have been made in para 7 of the writ petition, pendency of which has been admitted by respondent No.4 in para 7 of the written statement, be decided by the competent authority within three months by passing a speaking order. The petitioners will be at liberty to to challenge the orders passed on their application by raising all pleas available to them, including the pleas raised in the present petition. With aforesaid observations, the present writ petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) December 9, 2009. JUDGE RC