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    Bimal Kumar Dutta Petitioner v. State Of Haryana And Others S

    RANJAN GOGOI, A.C.J(Oral)

    This PIL has been filed seeking interference with the Draft Notification dated 04.10.2010 issued under Section 5(4) of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The draft notification which is placed on record indicates that objections against the proposal contained therein have been invited. The petitioner who claims to be a public spirited individual and therefore entitled to espouse the cause of the general public, has submitted that no objections have been filed by him against the draft proposal contained in the draft notification. The reason for the same is stated to be that already the Haryana Regional Chapter, Institute of Town Planners, India has filed their objections in the matter on 01.11.2010 and beyond the same the petitioner, as a layman, would not be adequately conversant with the facts to file any further objections.

    We have noticed that since the final notification under Section 5(7) of the Act is yet to be issued, there is no reason for this Court to assume that the objections filed by the Haryana Regional Chapter, Institute of Town Planners on 01.11.2010 would not receive due consideration of the concerned authorities before the final notification under the Act is published. In that view of the matter, we are of the opinion that this PIL, even assuming the same to be maintainable, is pre-mature. The petitioner may re-agitate the objections raised by the Haryana Regional Chapter, Institute of Town Planners which in any case will receive the due consideration of the concerned authorities before publication of the final notification. PIL is disposed of with the above observations.

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    Bimal Kumar Dutta Petitioner v. State Of Haryana And Others S
    (Jan 17, 2011)