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High Court of Punjab and HaryanaCWP/2952/2023disposed of

Dr. Veena Anand v. State Of Haryana And Others

2026-04-17Mr. Justice Vikas Suri,Mr. Justice Suvir Sehgal3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 17.04.2026 Dr. Veena Anand ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE VIKAS SURI ----

Present:

Mr. Tushar Sharma, Advocate and Mr. Dharambir Bhargav, Advocate for the petitioner. Mr. P.S.Chauhan, Senior Advocate with Mr. Deepak Bhardwaj, Advocate and Ms. Vasundhra Asija, Advocate for respondents-HSIIDC. **** SUVIR SEHGAL, J. (ORAL) 1.

This writ petition has been filed primarily seeking the following reliefs:

"i.

Call for the entire record of the case;

ii.

Issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent-Corporation to transfer Plot No.4 at HSIIDC Udyog Vihar, Phase-VII, Sector 35, Gurugram in the name of the Petitioner from its previous owner, GSM Technologies Pvt. Ltd. in the records of Respondent-Corporation;

iii.

And further issue an appropriate writ, order or direction in the nature of certiorari for quashing/setting aside the action of the Respondent-HSIIDC of demanding 'Infrastructure Augmentation Charges' as a pre-requisite for grant of occupation certificate, despite having failed to provide any basic infrastructure in the area, the consequential challan (Annexure P-11) and the rejection

-: 2 :- of occupation certificate letter 12.02.2020 (Annexure P13), being arbitrary, whimsical, unjustified, unreasonable, unfair, contrary to the provisions of the Estate Management Procedure. 2015 and unsustainable in the eyes of law and consequently, direct the RespondentCorporation to consider the request of the Petitioner for grant of occupation certificate afresh;

iv.

And further issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned calculation sheet (Annexure P-35) and the consequent demand notice dated 27.04.2022 (Annexure P-21) issued by the Respondent-Corporation whereby additional price has been demanded from the Petitioner, being wholly arbitrary, illegal, unjustified, irrational and unreasonable and further, correctly re-calculate the same as per the objections raised by the Petitioner in the present writ petition."

2.

At the outset, Mr. Tushar Sharma, counsel for the petitioner submits that insofar as prayer (iii) is concerned, though the petitioner has deposited the augmentation charges under protest, but he does not intend to claim refund. He therefore, does not press this prayer. 3.

Insofar as prayer (iv) is concerned, Mr. Sharma states that he may be permitted to move a representation with the competent authority, who may be directed to consider the same, although the demanded amount has already been deposited under protest.

4.

The dispute now remains regarding prayer (ii). Mr. Sharma has asserted that an application dated 20.09.2022 (Annexure P-27) has been given by petitioner for the transfer of plot in her name, which is pending for the last

-: 3 :- more than three years.

5.

Upon instructions from Mr. Aditya Dahiya, Managing Director, HSIIDC, counsel for respondents-HSIIDC has made a statement that application dated 20.09.2022 (Annexure P-27) shall be decided after giving due opportunity of hearing to the petitioner, within a period of three months from today.

6.

Accordingly, competent authority is directed to decide application Annexure P-27 within three months after hearing the petitioner. Liberty is given to the petitioner to move an appropriate representation to the competent authority qua prayer (iv) within a period of one month from today. In case, such representation is given, the same shall be decided within a period of two months thereafter.

7.

With the above directions, writ petition is disposed of. 8.

Liberty is given to the petitioner to approach this Court afresh in case he is aggrieved with the order(s) passed by the competent authority. 9.

Pending miscellaneous applications stand disposed of. (SUVIR SEHGAL) JUDGE (VIKAS SURI) April 17, 2026 JUDGE Varinder Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No