A division bench of the court comprising Justice G.S. Singhvi and Justice M.S. Gill issued the notice after hearing the arguments put forth by the HUDA counsel, who said that the orders of the revisional authority in restoring the site and allowing the change of land use against the zoning plan of HUDA were illegal.

HUDA preferred the petition after the Revisional Authority-cum-Secretary restored the coal depot site in Sector 7 of Panchkula, measuring 396 square metres, to one Amar Nath Jindal and Prem Lata Jindal, and allowed the change in land use after it was resumed by the Estate Officer. The resumption was upheld by the HUDA Administrator during review.

The counsel for HUDA argued that the site was restored to the owners even though they had raised illegal structures on the site in opening a crockery shop there, which violated the plan duly approved by the competent authority of HUDA.

Besides, HUDA has argued in its petition that the site was restored despite the fact that the site owners had an outstanding amount of Rs 12.29 lakh pending against them towards HUDA on the date of resumption of the site by the Estate Officer. HUDA has contended that the reasons assigned by the revisional authority for indirectly compounding the illegal constructions made by the site owners were perverse and in no case the revisional authority could pass an order ignoring the plan duly approved by the competent authority of HUDA.