Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7448 OF 2003
STATE OF HARYANA & ORS. ..... APPELLANTS
VERSUS
KULBHUSHAN & ORS. ..... RESPONDENTS
O R D E R
We have heard the learned counsel for the parties.
We find that the High Court has given a positive
finding confirming the judgment of the courts below
that the mandatory provision of Sections 4 and 5 of the
Punjab Scheduled Roads and Controller Areas
(Restrictions of Unregulated Development) Act, 1963 had
not been complied with. The High Court also observed
that as the factum as to whether the notice had been
served or not was a question of fact and not that of
law and dismissed the Regular Second Appeal on that
basis. At the time of arguments today, it has been
pointed out by the learned counsel for the appellant
that it would be appropriate under the circumstances
that the appellants be given liberty to pursue the
remedies against the respondents as per the provisions
of the aforesaid Act.
2
We find merit in this plea. We leave it open to the
appellants to pursue the remedies as per the Act.
With this modification in the judgment under
appeal, the appeal is dismissed.
No order as to costs.
..................J
[HARJIT SINGH BEDI]
..................J
[K.S. RADHAKRISHNAN]
NEW DELHI
MAY 06, 2010.