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High Court of Punjab and Haryana · body

2012 DAILYLAW 2072 (PNJ)

FREEDOM PARK LIFE RESIDENTS WELFARE ASS. AND ORS v. STATE OF HARYANA AND ORS.

CWP/22243/2012 · 2026-07-22

Subhas Mehla, Vikas Bahl

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Judgment text

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CWP-22243-2012(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CWP-22243-2012(O&M) Date of decision : 22.07.2026 Freedom Park Life Residents Welfare Association (Regd.) ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr.Pratham Sethi, Advocate and Ms.Sandhya Gaur, Advocate for the petitioner. Mr.Deepak Bhardwaj, Addl. A. G. Haryana. Mr.Hemant Saini, Advocate, Mr.Himanshu Monga, Advocate, Ms.Neha, Advocate, Ms.Priyanshi Sharma, and Mr.Nishtha Mahajan, Advocate for respondents no.5 to 21. VIKAS BAHL, J.(ORAL) CM-19496-CWP-2023 1. This is an application under Section 151 CPC on behalf of respondents no.20 and 21 for clarification of the order dated 25.11.2014. 2. Learned counsel for the parties have jointly submitted that the main writ petition, which has been admitted, be taken up for hearing today itself and the present application be disposed of. DAVINDER KUMAR 2026.07.24 09:38 I attest the accuracy and authenticity of this order / judgment CWP-22243-2012(O&M) 2 3. Accordingly, the present application is disposed of and the main writ petition is taken on Board for hearing today itself. Main case 1. Learned counsel for the petitioner has fairly submitted that during the pendency of the writ petition, which has been filed in the year 2012, the petitioner has learnt that the sanction plan has been revised in favour of respondents no.20 and 21 and has submitted that since the revision of the sanctioned plan is appealable under Section 19 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter to be referred to as “1975 Act”), the petitioner be permitted to withdraw the present writ petition with liberty to file a statutory appeal under Section 19 of the 1975 Act. It is submitted that since the petitioner was pursuing the present writ petition, thus, in case the petitioner files an appeal within one month from today, the appellate authority be directed not to dismiss the same on the sole ground of limitation. 2. Learned counsel for respondents no.5 to 21 has submitted that that in case the petitioner files an appeal within a period of one month from today, liberty be granted to the respondents to raise all pleas in accordance with law. 3. Keeping in view the above said facts and circumstances, the present petition is dismissed as withdrawn with liberty to the petitioner to file a statutory appeal in accordance with law. In case the said appeal is filed within a period of one month from today, the appellate authority is directed DAVINDER KUMAR 2026.07.24 09:38 I attest the accuracy and authenticity of this order / judgment CWP-22243-2012(O&M) 3 not to dismiss the same solely on the ground of limitation. 4. It is made clear that this Court has not opined on the merits of the case and it would be open to all the parties concerned to raise all pleas in accordance with law. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE July 22, 2026. Davinder Kumar Whether speaking / reasoned Yes/No Whether reportable Yes/No DAVINDER KUMAR 2026.07.24 09:38 I attest the accuracy and authenticity of this order / judgment