Tuesday, September 18

Last Opportunity to the Town & Country Planning to explain its position on the encroachment of road by builder: HC directs Secretary to file Affidavit.


CHANDIGARH HIGH COURT: While dealing with the issue of encroachment of service road/green belt by the Ambience Hotels & Resorts Pvt. Ltd., Gurgaon, on the petition of residents of Ambience Lagoon Apartments, the HC has granted last opportunity to the Secretary, Town & Country Planning Department, to file Affidavit explaining its position in view of the reply of the HUDA, which says that: (Picture of the relevant reply is pasted)

        Ten defence veterans, who happens to be the residents of Ambience Lagoon Apartments, through their Advocate Pardeep Rapria, had knocked the doors of the High Court with the plea that their fundamental right of 'Right of Movement' and 'Right to Public Way' had been violated due to the encroachment of the Service Road/Green Belt by the Ambience Hotels & Resorts Pvt. Ltd.
        The defence veterns including Col. Subhash Chandra Talwar, Lt. General V.K. Puri, Air Marshal S.G. Inamdar etc. in their petition filed in the year 2017 had alleged that since last more than 4 years they had been making consistent efforts to ensure the smooth traffic on NH-8 and had also been fighting for the smooth egress and ingress to their respective homes situated in the Ambience Lagoon Apartments. "The encroachment on the service road by the Ambience Hotels & Resorts Pvt. Ltd. appears to be committed in collusion with the concerned officials" - The petitioners pleaded before the High Court. In the month of February, 2017 the HC had issued notice to the Ambience Hotels & Resorts Pvt. Ltd, HUDA and Department of Town & Country Planning. The HUDA replied in the HC that it cant take possession of the land; as the land is the part of licence area and only the Department of Town & Country Planning take the possession of the land and handover the same to the HUDA for maintaining service road.
     On Tuesday, Mr. Pardeep Rapria, Advocate for the petitioners argued that since last more than one year 6 months the Department of Town & Country Planning Department is avoiding filing reply and clarify the position put-forth by the HUDA. Upon this the HC, while granting last opportunity, directed the Secretary, Town & Country Planning Department to file Affidavitm prior to the next date of hearing on 6th December, 2018, explaining its position on the reply of the HUDA.

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