HC stays Haryana’s order against Rajiv Trust hospice

Saurabh Malik

Tribune News Service

Chandigarh, June 27

Just over a month after the Rajiv Gandhi Charitable Trust was asked to stop construction of an eye hospital in Gurgaon, the Punjab and Haryana High Court today stayed the operation of the impugned order, and put the State of Haryana on notice.

Approximately 4.8 acres was leased out to the Trust, headed by Congress chief Sonia Gandhi and vice-president Rahul Gandhi, eight years ago in the revenue estate of Ullawas in Gurgaon.

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Taking up the petition filed through counsel R. Kartikeya, the Vacation Bench of Justices Anita Chaudhry and  Harminder Singh fixed July 13 for responding to the contentions raised by the petitioner-Trust in its plea.

Seeking the quashing of the order, Kartikeya contended that it was illegal, arbitrary and without jurisdiction. Appearing on behalf of the Trust, senior advocate Vivek Tankha also sought directions to the respondents to consider its application for grant of occupation certificate, which was pending consideration.

The impugned order, among other things, said the change of land use permission had expired, the occupation certificate had already been refused and it had allegedly not put the land to use within two years.

Kartikeya in the petition submitted that the Trust was shocked to be served with a copy of the impugned order dated June 8, while its application grant of occupation certificate was pending.

Dubbing the Trust as a non-profit organisation, he said the respondents deliberately ignored and overlooked the fact that the second application for occupation certificate was still pending.

The Bench was also told that that the petitioner-Trust examined the need to set up a centre of excellence in eye care. It then approached Ullawas Gram Panchayat for allocation of suitable land and it passed a resolution, which was approved by the state government.