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HC stays Haryana order to stop construction of Rajiv Gandhi Charitable Trust hospital

Punjab and Haryana High Court (HC) on Tuesday stayed an order of Haryana government wherein it has directed the Rajiv Gandhi Charitable…

HC stays Haryana order to stop construction of Rajiv Gandhi Charitable Trust hospital

(PHOTO: Getty Images)

Punjab and Haryana High Court (HC) on Tuesday stayed an order of Haryana government wherein it has directed the Rajiv Gandhi Charitable Trust (RGCT), run by the Gandhi family, to stop construction of a hospital on nearly 4.8-acre prime land at Ullawas village in Gurugram.

Taking up the petition moved by the RGCT, a vacation bench of the HC comprising Justices Anita Chaudhry and Harminder Singh on Tuesday also put the Haryana government on notice to submit its reply by 13 July.

The Trust through its petition has challenged 8 June letter written by the District Town Planner (Enforcement), Gurugram, mentioning that the RGCT has failed to comply with the terms and conditions of the Department of Development and Panchayat to put the leased land in use within two years.

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Through its letter, the District Town Planner has also directed the RGCT to immediately stop the construction work and submit relevant documents regarding extension of change of land use (CLU) permission as well as the title of the subject matter land within seven days. Further, the letter says appropriate action will be initiated as per law if the order is not complied with.

The Trust has prayed before the HC for issuance of directions to state’s Town and Country Planning Department (TCPD) to grant it the occupation certificate of the land. The trust has submitted before the HC that the TCPD has deliberately ignored its second application for occupation certificate and even otherwise the validity of the building plans was still in force.

As per the 8 June letter, CLU permission was granted to RGCT by TCPD on 6 May 2011, which was valid up to 5 May 2013. The CLU was extended for a year on 26 April  2014, and again for one more year on 17 July  2014, which was valid up to 5 May 2015.

In this condition, RGCT was required to complete the construction and to procure the occupation certificate by 5 May  2015, but RGCT failed to do so.

Gurugram Senior Town Planner had earlier on 3 January rejected the RGCT’s application seeking occupation certificate reasoning that hospital construction work was incomplete.

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