Civil Writ Petition No.8505 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-7.2.2011 M/s Light of India Industries ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.A.P.Bhandari, Advocate for the petitioner. Mr.Narender Singh, Deputy Advocate General, Haryana for respondent Nos.1 and 4. Mr.Deepender Ahlawat, Advocate for respondent Nos.2 and 3. M ehinder S ingh S ullar , J. (Oral) The petitioner M/s Light of India Industries, has instituted the instant writ petition, in the nature of mandamus, directing the respondents, to grant permission to erect its building, inter-alia pleading that it submitted the application before the appropriate authority on 27.3.2008 for the sanction of proposed site plan, for construction of the building on its land. It has also deposited the required fees. The respondents were stated to have returned the same by raising certain objections. In response thereto, the petitioner filed an affidavit dated 20.6.2008 (Annexure P13) and explained all the objections raised by respondent No.3 in this context. 2. Levelling a variety of allegations and narrating the sequence of events, in all, the petitioner claimed that although it has also submitted the application on 27.3.2008 for approval/sanction of the site plan for constructing the building, but no specific order has yet been passed on it by the respondents, despite the removal of objections by the petitioner. On the basis of aforesaid allegations, the petitioner filed the present writ petition for directions to the respondents to grant permission or in the alternative to transfer the entire file to respondent No.4, if so required for the requisite permission. 3. The respondents contested the claim of the petitioner and filed their Civil Writ Petition No.8505 of 2009 2 respective written statements. According to the contesting respondents that since the petitioner did not fulfill the requisite terms & conditions and essential ingredients of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and the Haryana Municipal Act, 1994, so, it is not entitled for such permission. It will not be out of place to mention here that the contesting respondents have stoutly denied all other allegations contained in the writ petition and prayed for its dismissal. 4. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the instant writ petition deserves to be partly accepted in this context. 5. What is not disputed here is that the petitioner has already applied, by virtue of application dated 27.3.2008, for required permission/sanction of site plan/map, for construction of the building alongwith the required documents and requisite fees. Certain objections were also stated to have been removed by the petitioner. Still, the respondents are sleeping over the matter since then. Neither they have passed any speaking order on the indicated application of the petitioner, nor any cogent explanation in this regard is forth coming on record, as to why they have slept over the matter for more than 2¾ years. They did not decide the application of the petitioner, for the reasons best known to them. In this view of the matter, they are liable to pay some costs by way of compensation to the petitioner in this direction. 6. In the light of the aforesaid reasons, the instant writ petition is hereby accepted with costs of Rs.10,000/-. The respondents are directed to decide the application dated 27.3.2008 filed by the petitioner by passing a speaking and reasoned order and to convey the same to the petitioner, within a period of two months positively from the date of receipt of certified copy of this order. 7.2.2011 (Mehinder Singh Sullar) AS Judge