Grand Arch Resident Welfare … vs State Of Haryana And Others on 26 February, 2024

Punjab-Haryana High Court

Grand Arch Resident Welfare … vs State Of Haryana And Others on 26 February, 2024

Author: Arun Palli

Bench: Arun Palli

                                                  Neutral Citation No:=2024:PHHC:026216-DB




CWP-4267-2024                    -1-             2024:PHHC:026216-DB


       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                                CWP-4267-2024
                                                Date of decision: 26.02.2024

Grand Arch Resident Welfare Association                        ....Petitioner

                                  Versus

State of Haryana and others                                    ....Respondents

CORAM: HON'BLE MR. JUSTICE ARUN PALLI
       HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:     Mr. Rajiv K Virmani, Advocate,
             Mr. Naman Saraswat, Advocate,
             Mr. Abhimanyu Batra, Advocate,
             for the petitioner.

             (Through Hybrid Mode)

ARUN PALLI, J. (Oral)

The petitioner (Grand Arch Resident Welfare Association)
has prayed for the following substantive relief:-

“Civil Writ Petition under Articles 226 of the
Constitution of India, praying for issuance of a Writ
in the nature of Mandamus, directing the
Respondents No.1 and 2 to take actions against the
Respondent No.3 for selling the community centre
building/recreational building/club, situated in the
Residential Group Housing Colony-Grand Arch,
Sector-58, Gurugram, Haryana-122001 to a third-
party (Respondent No.4) in complete violation of (i)
the building approvals particularly BR-III granted
vide Memo No.ZP-419/JD(BS)/2011/1825 dated
14.02.2011; (ii) violation whereof was further
reaffirmed by Respondent No.1 vide its Memo
No.ZP-419-Vol II/JD (RA)/2003/38920 dated
15.11.2023, in the interest of justice and accordingly
reinstate the ownership and possession of the
community centre building/recreational

1 of 3
::: Downloaded on – 28-02-2024 01:52:11 :::
Neutral Citation No:=2024:PHHC:026216-DB

CWP-4267-2024 -2- 2024:PHHC:026216-DB

building/club, free of all fetters, prior agreements,
consents and sales to the Petitioner RWA, unjustly
transferred by Respondent No.3 to Respondent
No.4.” AND
Consequently, issue a Writ in the nature of
Mandamus, directing the Respondents No.1 and 2 to
take actions against Respondents No.3 and 4 such
that the benefits of unjust enrichment collected by
aforesaid Respondents No.3 and 4 (by way of Club
Membership Registration Charges and other related
costs, charges and levies paid by the
residents/members for the community centre
building/recreational buildings/club are paid and
made good to the Petitioner RWA, which is
responsible for welfare of the residents/owners of
Grand Arch.”

Learned counsel for the petitioner, at the outset, submits that
prior to the institution of this petition, the petitioner had even served the
Directorate of Town & Country Planning (Respondent No.1), with a
representation/e-mail dated 18.01.2024 (P-18), as also the District Town
Planner, Gurugram (Planning) and District Town Planner, Gurugram
(Enforcement)-respondent No.2, vide a representation/e-mail dated
29.12.2023 (P-17), qua its concerns/grievances. But to no avail.

Served with the advance copy of the petition, Mr. Ankur
Mittal, learned Additional Advocate General, Haryana, is present in
Court. He submits that in context of the limited issue involved for
consideration, it would be expedient if the petition is disposed of, at this
stage, to enable the competent authority [District Town Planner
(Enforcement), Gurugram], to consider the claim of the petitioner. And
pass necessary orders, in accordance with law, after affording it a
hearing. It is urged that authorised representatives of the petitioner-
Association may appear before the District Town Planner,
(Enforcement), Gurugram, on 29.02.2024 at 11:00 AM, in this regard.
Further, petitioner shall also be at liberty to submit any fresh
material/documents to substantiate its claim.

2 of 3
::: Downloaded on – 28-02-2024 01:52:11 :::
Neutral Citation No:=2024:PHHC:026216-DB

CWP-4267-2024 -3- 2024:PHHC:026216-DB

Learned counsel for the petitioner is in agreement with the
course suggested by the learned State counsel, and submits that let this
petition be disposed of, in terms of the statement made by him. However,
he submits that in the wake of the urgency involved in the matter, the
authorities be directed to do the needful, within a specified time.

In response, learned State counsel submits that appropriate
orders shall be passed within a period of three weeks from today.

The petition is accordingly disposed of, in terms of the
statements made by learned counsel for the parties.

This Court is sanguine that the authorities shall look into the
matter in the right earnest. And the appropriate orders shall be passed
within the time indicated by the learned State counsel.

Needless to assert that this order shall not constitute any
expression of opinion on the merits of the case of either party, for, as
indicated above, the competent authority shall examine the
concerns/grievances of the petitioner, strictly in accordance with law.

(ARUN PALLI)
JUDGE

(VIKRAM AGGARWAL)
JUDGE
26.02.2024
Ak Sharma
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

Neutral Citation No:=2024:PHHC:026216-DB

3 of 3
::: Downloaded on – 28-02-2024 01:52:11 :::