The Punjab and Haryana High court has directed the Haryana town and country planning(TCP) department's principal secretary, Trilok Chand Gupta, to remain present in the court on December 21 along with the original record regarding grant of licences for group housing societies to developers in Sector 63-A, Gurgaon.
The directions came from the division bench comprising justices Surya Kant and Surinder Gupta during the resumed hearing of a petition filed by one of the aggrieved applicants, Pawan Bhatia of Delhi.
The petitioner had also sought a probe into the functioning of TCP department in granting licences for the change of land use (CLU) for allegedly "malicious and illegal considerations" so as to bestow wrongful gains to the "privileged builders/developers".
Considering petitioners' allegations, the court had earlier in October directed the TCP department not to grant further licences, letters of intent and CLUs to Commander Realtor, High Responsible, Mahamaya Exports and Anant Raj Industries till further court directions for their projects in Gurgaon.
Aggrieved by court's stay orders, senior advocate Mohan Jain had appeared for the Commander Realtor in the court seeking modification of the order. Jain had contended that since Bhatia's interest was just limited to the allotment of around 13 acres land out of a total land measuring 75 acres, the court's stay order needed to be modified to that extent only.
Considering the request, the court, on the last hearing, had observed that it could modify its interim stay orders if the state government assured the court that in case the court order went in favour of the petitioner, the TCP department would grant him the license of the applied land and his rights would be protected during the pendency of the case.
Whereas, on Wednesday the state government counsel rather than filing proper affidavit showed the court a letter addressed by the director general of the TCP department to the advocate general in which the state had not clarified its stand on court's query.
Anguished by state government's response, the court made it clear that in case such letters were again produced in the court it would amount to the contempt of the court. This forced the court to summon the TCP department's principal secretary with original record of the case on December 21.
The petitioner, his wife Sangeeta and son Laksh had applied for the grant of licence for the development of a group-housing colony on 13.61 acres land in Ullawas village , Gurgaon, for which they reportedly fulfilled the required norms. The petitioners alleged that though the applications submitted by the four builders had same deficiencies as theirs but builders'applications had been kept alive so as to issue licences to them while theirs had been rejected on November 2010.