Gurgaon: High court stays order to raze banquet hall on Sector 29 ground
The Huda had handed the Gymkhana club group to Billu Tent House on a nine-year leaseUpdated: Feb 05, 2018 23:34 IST
In a twist to the dispute over a banquet hall erected on the Gymkhana Club ground in Sector 29, the Punjab and Haryana High Court on Monday stayed the demolition order issued by the Haryana Urban Development Authority (Huda).
The banquet hall has been built by caterer Billu Tent House.
On Saturday, the Huda sent a notice to the tent house asking it to dismantle the banquet hall raised illegally on the club ground. The Huda notice followed a direction by Gurgaon divisional commissioner D Suresh during a hearing on a petition seeking demolition of the banquet hall.
“Huda unilaterally served demolition notice to Billu Tent House cancelling allotment of club premises contrary to neither the cannons of administrative law, as neither any prior show cause notice has been issued, nor any reasons spelled out leading to the cancellation (sic),” the court said as it stayed the demolition of the banquet hall till the next date of hearing.
Suresh issued the directive while holding the hearing on a petition by members of the Gymkhana Club. The petition stated that the banquet hall was raised in violation of rules laid down by the Huda. Suresh also noted that the Huda handed the club ground to the tent house on a nine-year lease without following a tender process.
Even in the last 8-9 years, the Huda had adopted a similar process to allot the open space to Billu Tent House for holding marriage functions and other events.
The stay on demolition of the banquet hall has come as a big relief for the caterer.
“We filed a fresh petition in the high court 5-6 days ago after a Gurgaon court dismissed an earlier plea. The petition was listed for hearing on February 15. However, in the meantime, some club members approached the divisional commissioner and he directed the Huda to issue a demolition order. We filed a caveat against the order issued by the divisional commissioner, as we were not served a show cause notice. We spent a lot of money building the banquet hall and have even accepted marriage bookings,” said a close aide of caterer, who asked not to be named.
On October 24, Suresh asked the Huda to stop construction of the banquet hall in wake of complaints by the club members. In response to the same, the tent house moved the Gurgaon district court seeking relief.
The club members have been up in arms over the Huda’s decision to allot the ground to the tent house for a paltry sum of ₹35 lakh.