Bindu Rastogi And Another vs State Of Haryana And Ors

CWP-26158-2026 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(277)
CWP-26158-2026 (O&M)
Date of Decision: - 03.11.2026
Bindu Rastogi and another
....Petitioners
Versus
State of Haryana and others
....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
HON'BLE MS. JUSTICE DIVYA SHARMA
Present:- Mr. Prateek Gupta, Advocate,
Mr. Vishal Verma, Advocate, and
Mr. Amit Sharma, Advocate,
for the petitioners.
Mr. S.K. Panwar, Addl. A.G. Haryana.
Mr. Deepak Sabherwal, Advocate and
Ms. Hitika Sabherwal, Advocate
for respondent Nos.3 to 5-HSVP.
Mr. Aman Pal, Sr. Advocate with
Ms. Neha Rani, Advocate, and
Mr. Rishabh Chaudhary, Advocate,
for respondent No.9.
Mr. Rishab Singla, Advocate and
Mr. Vansh Vinaik, Advocate
for respondent No.10.
Mr. Tarjit Singh, Advocate and
Mr. Abhiraj Singh, Advocate
for respondent No.11.
Mr. Prateek Rathee, Advocate,
for respondent Nos.13 and 14.

NARESH KUMAR
2026.11.04 10:52
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integrity of this document

CWP-26158-2026 (O&M) -2-
VIKAS BAHL, J. (ORAL)
1. In the head note of the petition, following prayers have been
made:-
“CIVIL WRIT PETITION UNDER ARTICLE 226/227
OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT AUTHORITIES ΤΟ DISCHARGE THEIR
STATUTORY OBLIGATIONS BY TAKING EFFECTIVE AND
IMMEDIATE ACTION AGAINST THE ILLEGAL
COMMERCIAL USE OF RESIDENTIAL PROPERTIES
ADJOINING THE RESIDENCE OF THE PETITIONERS, IN
PLOT NO.1560, 1552(P), 1553, 1561(P) AND 1533(P), IN
SECTOR-15 PART-II, GURUGRAM, WHERE
HOTELS/GUEST HOUSES ARE BEING RUN FOR
COMMERCIAL COMMERCIAL USE, BUILDING AND
TYPE CONSTRUCTION IS GOING ON, IN COMPLETE
VIOLATION OF THE HSVP ACT, 1977, RULES AND
REGULATIONS, CONDITION OF ALLOTMENT AND THE
APPROVED LAYOUT PLAN.
AND
TO DIRECT RESPONDENT NOS.2 TO 4 TO ENFORCE
AND RETAIN THE RESIDENTIAL CHARACTER OF
SECTOR-15 PART-II GURUGRAM AND TO FURTHER,
RESUME THEIR PLOTS, REVOKE AND/OR DENY THE
ISSUANCE OF THE OCCUPATION CERTIFICATES OF
RESPONDENT NOS. 9 to 12 WITH RESPECT TO THEIR
RESPECTIVE PLOTS/PROPERTIES, IN TERMS OF THE
PROVISIONS OF THE HARYANA BUILDING CODE, 2017
(CLAUSE 4.12) FOR USING THE RESIDENTIAL BUILDING
FOR A COMMERCIAL PURPOSE, BEING IN CLEAR
NARESH KUMAR
2026.11.04 10:52
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CWP-26158-2026 (O&M) -3-
CONTRAVENTION OF THE LAYOUT PLAN AND
SANCTIONED BUILDING PLAN AND USE AND FOR
ISSUANCE OF APPROPRIATE ORDERS OR DIRECTIONS
TO ENSURE THE COMPLIANCE OF THE APPROVED
LAYOUT PLAN (ANNEXURE P-1) AND USAGE OF
BUILDINGS IN CONFORMITY WITH THE APPROVED
LAYOUT PLAN (ANNEXURE P-1).
AND/OR
THIS HON'BLE COURT MAY KINDLY DIRECT THE STATE
AUTHORITIES TO MONITOR AND OVERSEE THE
COMPLIANCE AND ADHERANCE TO THE BUILDING
NORMS, ZONING AND LAYOUT PLANS AS WELL AS THE
STATUTORY FRAMEWORK, FOR WHICH THE
RESPONDENT AUTHORTIES ARE OTHERWISE ALSO
DUTY BOUND.
AND
ANY OTHER WRIT, ORDER OR DIRECTION WHICH THIS
HON'BLE COURT MAY DEEM FIT AND NECESSARY IN
THE FACTS AND CIRCUMSTANCES OF THE CASE”
2. On 06.10.2026, this Court was pleased to pass the following
order: -
“Present: Mr. Prateek Gupta, Advocate for the petitioners.
Mr.S.K. Panwar, Addl. A.G. Haryana.
Mr. Deepak Sabherwal, Advocate and
Ms. Hitika Sabherwal, Advocate
for respondent Nos.3 to 5-HSVP.
Mr. Aman Pal, Sr. Advocate with
Mr. Rishabh Chaudhary, Advocate
for respondent No.9.
Mr. Rishab Singla, Advocate and
Mr. Vansh Vinaik, Advocate
for respondent No.10.
NARESH KUMAR
2026.11.04 10:52
I attest to the accuracy and
integrity of this document

CWP-26158-2026 (O&M) -4-
Mr. Tarjit Singh, Advocate and
Mr. Abhiraj Singh, Advocate for respondent
No.11.
Mr. Prateek Rathee, Advocate
for respondent Nos.13 and 14.
*
On 17.09.2026, this Court was pleased to pass the following
order:-
“Present: Mr. Prateek Gupta, Advocate for the petitioners.
Mr. Deepak Bhardwaj, Addl. A.G. Haryana.
Mr. Deepak Sabherwal, Advocate and
Ms. Hitika Sabherwal, Advocate for
respondent Nos.3 to 5-HSVP.
Mr. Aman Pal, Sr. Advocate with
Mr. Rishabh Chaudhary, Advocate for
respondent No.9.
Mr. Sandeep Goyal, Sr. Advocate with
Mr. Rishab Singla, Advocate and
Mr. Vansh Vinaik, Advocate for respondent No.10.
Mr. Tarjit Singh, Advocate and
Mr. Abhiraj Singh, Advocate for respondent No.11.
Mr. Prateek Rathee, Advocate for respondent
Nos.13 and 14.

Learned counsel for respondent Nos.3 to 5 has filed an affidavit
dated 16.09.2026, today in the Court, which is taken on record.
Learned Senior Counsel for respondent No.9 has submitted that
respondent No.9 had earlier given the premises on lease and thereafter,
the said lessee had left the premises and respondent No.9 is again in
possession of the premises and has submitted that respondent No.9 is
ready to file an affidavit to the effect that he would not use the premises
for commercial purposes and would use the same as permissible under
law.
Learned Senior counsel for respondent No.10 has submitted that
with respect to the property of respondent No.10, resumption order has
been passed against the petitioners and against the said resumption
order, the petitioners have filed an appeal. It is however submitted that
NARESH KUMAR
2026.11.04 10:52
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CWP-26158-2026 (O&M) -5-
said respondent No.10 is also ready to give an undertaking to the same
effect as is being given on behalf of respondent No.9.
Learned counsel for respondent No.11 has submitted that the
construction of his premises is still not complete and thus, the question of
him using the premises for commercial purposes does not arise. It is
however submitted that even respondent No.11 is ready to file an affidavit
to the effect that he has and will raise the construction as per the
approved building plan.
Learned counsel for the petitioners has submitted that it has been
learnt that respondent No.12 has sold the property to Baljeet Singh
Sabharwal and Bhupinder Kaur Sabharwal, both are residents of D-45,
South City-I, Gurugram, Haryana, owners of Plot No.1561(P), Sector 15
Part-II, Gurugram, Haryana, 122001, and has prayed that the said two
persons be made party.
On his oral request, Baljeet Singh Sabharwal and Bhupinder Kaur
Sabharwal, both residents of D-45, South City-I, Gurugram, Haryana,
owners of Plot No.1561(P), Sector 15 Part-II, Gurugram, Haryana,
122001, are ordered to be impleaded as respondent Nos.13 and 14 in the
present writ petition.
Registry is directed to carry out necessary correction in the memo
of parties.
Learned counsel for respondent Nos.13 and 14 has submitted that
he has to get instructions in the matter.
Respondent Nos.13 and 14 are also directed to file an affidavit to
the same effect as respondent Nos.9 and 10 are filing within a period of
two weeks from today.
Adjourned to 06.10.2026.
To be taken up immediately after the urgent list.
As undertaken before this Court, before the next date of hearing,
private respondent Nos.9 to 11, 13 and 14 would file their respective
affidavit.
17.09.2026”
In spite of the undertaking having been given before this Court,
respondents no.10, 13 and 14 have not filed their respective affidavits.
Learned counsel for respondents no.10, 13 and 14 have prayed
NARESH KUMAR
2026.11.04 10:52
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integrity of this document

CWP-26158-2026 (O&M) -6-
for one last adjournment to file their affidavits in pursuance of the
order dated 17.09.2026.
There is no justifiable reason as to why the said affidavits have
not been filed till date, although sufficient time was granted to the said
respondents to file the affidavits. Accordingly, one last opportunity is
granted to respondents no.10, 13 and 14 to file their affidavits subject
to the said respondents paying costs of Rs.5000/- each. Respondents
no. 10 and 13 are directed to deposit Rs.5000/- each as cost with the
PGI, Poor Patients Welfare Fund and respondent no.14 is directed to
deposit Rs.5000/- as cost with High Court Lawyers' Welfare Fund of
this Court.
In case affidavits are not filed on the next date of hearing, then,
respondents no.10, 13 and 14 are directed to be present in person.
Learned counsel for respondent no.9 has filed the affidavit by
way of CM-18777-CWP-2026 which is taken on record. Learned
counsel for respondent no.11 has handed over a copy of the affidavit
which is taken on record.
Learned counsel for the petitioners has pointed out that a
perusal of Annexure R-2, annexed along with the reply filed by the
State, would show that with respect to the property of respondent
no.11, it has been stated that excess construction has been raised
which is non-compoundable. The relevant portion of Annexure R-2 is
reproduced hereinbelow:-
“The cut-out/open-to-sky portion, as shown in the
sanctioned building plan, has been illegally covered. Due to
covering of the cut-out, the covered area has increased beyond the
permissible FAR.
The excess construction is non-compoundable and is in
violation of the sanctioned building plan, HSVP Building Bye-laws
and applicable provisions governing building construction.”
Learned counsel for respondent no.11 has submitted that he
was aware of the said Annexure R-2 and has filed reply to the said
show cause notice dated 04.08.2026. However, a perusal of the
affidavit dated 05.10.2026, which has been handed over to the Court
NARESH KUMAR
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CWP-26158-2026 (O&M) -7-
during the course of arguments, does not show the said aspect having
been mentioned. It is not even mentioned that as to what steps have
been taken by respondent no.11 to rectify the illegality pointed out by
the authorities.
Accordingly respondent no.11 is directed to file a fresh
affidavit giving all the details, moreso, the details as to what action
has been taken by the respondent no.11 to rectify the defects pointed
out in the show cause notice dated 04.08.2026. The respondent no.11
is also directed to deposit the cost of Rs.5000/- with the High Court
Lawyers' Welfare Fund of this Court.
Adjourned to 02.11.2026.
To be taken up immediately after the urgent list.
In case, respondent no.11 does not file the said affidavit before
the next date of hearing in the registry with an advance copy to
learned counsel for the petitioner, then, respondent no.11 is also
directed to be present in person on the next date of hearing.
Receipts with respect to the said cost would be shown on the
next date of hearing, failing which further action would be taken
against respondents no.10, 11, 13 & 14.
October 06, 2026.”
3. On 02.11.2026, this Court was pleased to pass the following
order: -
“ Present: Mr. Prateek Gupta, Advocate for the petitioners.
Mr. S.K. Panwar, Addl. A.G. Haryana.
Mr. Deepak Sabherwal, Advocate and
Ms. Hitika Sabherwal, Advocate
for respondent Nos.3 to 5-HSVP.
Mr. Aman Pal, Sr. Advocate with
Mr. Rishabh Chaudhary, Advocate for respondent
No.9.
Mr. Rishab Singla, Advocate and
Mr. Vansh Vinaik, Advocate and
Ms. Urvi Khanna, Advocate for respondent No.10.
NARESH KUMAR
2026.11.04 10:52
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integrity of this document

CWP-26158-2026 (O&M) -8-
Mr. Tarjit Singh, Advocate and
Mr. Abhiraj Singh, Advocate for respondent
No.11.
Mr. Prateek Rathee, Advocate for respondent
Nos.13 and 14.

Learned counsel for respondent Nos.10, 13 and 14 have
submitted that they have deposited the cost imposed on the last date of
hearing.
Learned counsel for respondent No.11 has submitted that
although he has filed an affidavit in compliance of the last order but he
would file a better affidavit by the next date of hearing.
Adjourned to 03.11.2026.
To be taken up immediately after the urgent list.
02.11.2026”
4. In pursuance of the above, learned counsel for respondent
No.11 has filed a fresh affidavit, which is taken on record and marked as
“Mark A”. A copy of the same has been given to learned counsel for the
petitioners.
5. All the respondents have given their affidavits and would be
bound by the statements made in the said affidavits.
6. Learned counsel appearing for respondent No.11 has
highlighted the fact that in the present case, in response to the show cause
notice issued, respondent No.11 has filed a reply and the matter is under
consideration. It is submitted that respondent No.11 has every right to
contest the said show cause notice and also to file appeal etc. against the
any adverse order(s) passed, in accordance with law and would only be
NARESH KUMAR
2026.11.04 10:52
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CWP-26158-2026 (O&M) -9-
bound by the final order passed in the said proceedings.
7. Learned counsel for the petitioners has submitted that in view
of the affidavits filed, the present writ petition be disposed of, at this
stage, but liberty be granted to the petitioners to revive the same in case
any cause survives.
8. Disposed of, with the aforesaid liberty.
9. Pending applications, if any, also stand disposed of
accordingly.
(VIKAS BAHL)
JUDGE
(DIVYA SHARMA)
JUDGE
November 03, 2026
naresh.k
Whether reasoned/speaking? Yes
Whether reportable? No
NARESH KUMAR
2026.11.04 10:52
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integrity of this document