High Court of Punjab and HaryanaCOCP/3865/2017dismissed

Amit Mehra v. T.L. Satyaprakash And Others

2018-01-17Mr. Justice S.P. Bangarh2 pages

COCP 3865/2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 3865/2017 Date of decision:17.01.2018 Amit Mehra ..............Petitioner v.

TL Satyaprakash,IAS and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Gunjan Rishi,Advocate for the petitioner.

Jaswant Singh,J,(Oral).

Petitioner, a proposed allottee in a Group Housing Scheme floated by M/s Desert Moon Realtors Pvt.Ltd., and M/s Era Landmarks Limited allege that the interim order dated 4.12.2015 passed by a Division bench of this Court in the pending CWP 25322/2015 has been violated. Since the projects floated by the Developers could not take off, the petitioner alongwith other similarly situated co-allottees filed aforesaid CWP 25322/2015 seeking intervention of this Court for their release from the contractual obligations with the Builder and consequent refund of the earnest money. The Department of Town and Country Planning,Haryana had proposed to cancel the licence of the Developers.

In this background an interim order was passed whereby it was directed that the petitioners therein would also be heard by the officers of Town and Country Planning while taking action against two aforesaid Developers. It is alleged that instead of cancelling the licence, the official respondents have renewed the licence of the Developers and while doing so Rajinder Parshad Joshi 2018.01.

COCP 3865/2017 the petitioners have not been heard.

At the very outset, counsel for the petitioner realizing that the action of the respondents is within four corners of statutory provisions and the proper remedy available to them would be to approach the Authority concerned under The Real Estate (Regulation and Development)Act,2016, he prays for withdrawal of the instant contempt petition. Dismissed as withdrawn.

17.01.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.01.17 18:27 I attest to the accuracy and integrity of this document