IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 21306 of 2008 DATE OF DECISION: December 19, 2008 Hamilton Court, Windsor Court & Reggency Part-II Condominium Association …Petitioner Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. M.L. Sarin, Senior Advocate, with Mr. Rohit Khanna, Advocate, for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The grievance made by the petitioner in the instant petition filed under Article 226 of the Constitution is for issuance of direction to respondent Nos. 1 to 4 to stop respondent No. 5-DLF Universal Limited from making any construction, alteration or disturbing the existing status of the area under group housing project C.W.P. No. 21306 of 2008 measuring 24.64 acres in Phase-IV, DLF City, Gurgaon. It has been asserted by the petitioner that an application in that regard under Section 8 of the Haryana Development and Regularisation of Urban Areas Act, 1975, dated 23.4.2008 (P-1) has already been filed before the Director, Town and Country Planning, Haryana, Sector 18, Chandigarh-respondent No. 2, which has not been decided. The specific grounds have been taken against respondent No. 5 that they are encroaching upon the area belonging to the petitioner, which in turn result into violation of the statutory provisions. Notice of motion. Ms Palika Monga, Assistant Advocate General, Haryana, who is present in the Court, accepts notice on behalf of respondent Nos. 1 to 4, on our asking. Five copies of the paper book shall be handed over to her during the course of the day by the learned counsel for the petitioner. With the consent of learned counsel for the parties, the case is taken up for final disposal. After hearing learned counsel for the parties, we deem it just and appropriate to direct the Director, Town and Country Planning Haryana-respondent No. 2 to take cognisance of the application filed by the petitioner, which is stated to be pending before him since 23.4.2008 (P-1) and decide the same expeditiously preferably within a period of two months from the date of receipt of a certified copy of this order, by passing a speaking order. We also grant liberty to the petitioner to move any additional application for interim direction before respondent No. 2 so as to stop any 2 C.W.P. No. 21306 of 2008 violation/encroachment on the land belonging to the petitioner. We make it clear that we are not expressing any opinion on the merit of the case nor the Director shall imply any such import from this order. The Director shall decide the issue independently without being influenced by any observation made herein. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (JORA SINGH) December 19, 2008 JUDGE Pkapoor 3