M/S Wwics Estates Pvt. Ltd. v. State Of Punjab And Others

CWP-8597-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8597-2022 Date of Decision: August 25, 2023 M/s WWICS Estates Pvt.Ltd.

......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Kanwaljit Singh, Sr.Advocate with Mr.K.S.Rupal, Advocate and Ms.Neha Anand Mahajan, Advocate for the petitioner.

Ms.Akshita Chauhan, DAG, Punjab.

Mr.D.K.Singal, Advocate for respondent No.3.

........

RAJESH BHARDWAJ, J.(ORAL) Instant writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of writ in the nature of mandamus directing the official respondents to issue completion certificate of the Project Imperial Heights, Sector 115, Greater Mohali, Punjab and to implement the minutes of meeting/decision, dated 18.02.2022, Annexure P17, in view of the fact that project of the petitioner was approved on 16.12.2011, Annexure P-1.

Notice was issued in this case and interim order by observing that no coercive steps would be taken against the petitioner, was passed by this Court vide order dated 27.04.2022.

Learned senior counsel for the petitioner has submitted before this Court that completion certificate was applied by him on 25.02.2019, Annexure P-5, and thereafter reminders were also sent, however, completion MEENU 2023.08.25 18:33 I attest to the accuracy and integrity of this order/judgment

CWP-8597-2022 -2certificate was not issued. He submits that on account of the same, various petitions were filed by the consumers before the Consumer Forum. Learned counsel for respondent No.3 submits that as there were some shortcomings in the construction hence, completion certificate could not be issued, however, he submits that now the completion certificate has been issued to the petitioner on 02.06.2023 and this fact was brought to the notice of this Court on 22.08.2023. He further submits that grievances of the petitioner has been redressed and thus the present petition has been rendered infructuous.

However, learned senior counsel has submitted that as various complaints have been filed against him before the Consumer Forum, which are pending adjudication, he should be given liberty to take all his pleas regarding delay occurred on account of non-submission of the completion certificate by the respondents, before the Consumer Forum. After hearing counsel for the parties, the present petition is disposed of as infructuous in view of the fact that completion certificate has been issued by respondent No.3. However, petitioner would be at liberty to raise all his pleas before the Consumer Forum explaining the delay occurred on account of non issuance of completion certificate, which has now been issued on 02.06.2023 and the Consumer Forum would appreciate and decide the same in accordance with law, after hearing both the sides. August 25, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.08.25 18:33 I attest to the accuracy and integrity of this order/judgment