The Angel Cooperative Group Housing Society Ltd v. Chief Administrator Haryana Shehri Vikas Pradhikaran And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CWP-21174-2024 (O&M) Date of Decision : 30.09.2024 The Angel Cooperative Group Housing Society Ltd. ...... Petitioner
Versus
Chief Administrator, Haryana Shehri Vikas Pradhikaran and others ...... Respondents CORAM : HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL *** Present : Mr. S.S.Sidhu, Advocate for the petitioner.
Mr. Deepak Sabharwal, Advocate for the respondents.
*** VIKRAM AGGARWAL , J
Annexures P-25 and P-26.
For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed subject to all just exceptions. Documents Annexures P-25 and P-26 are taken on record. CWP-21174-2024 Challenge in the instant writ petition is to the demand notices dated 08.07.2010, 24.10.2011 and 14.01.2016 (Annexures P7, P-8 and P-11
respectively) as well as speaking orders No.6/2015, 9/2016 and 16/2018 (Annexures P10, P-13 and P-14 respectively) and further for refund of Rs.27,07,385/- alongwith interest.
The petitioner-Society is a registered Society. The respondentsHaryana Shehri Vikas Pradhikaran (hereinafter referred to as 'the respondents-HSVP) acquired 254.75 acres of land in 1990-91 for the purpose of developing residential and commercial sites in Sector 20, Panchkula. The respondents-HSVP issued letter of intent dated 26.03.1999 (Annexure P-3) to the petitioner for allotment of a plot measuring 4043 square meters (4835.8 square yards) in Sector 20, Panchkula at the cost of Rs.2234/- per square yard. The petitioner-Society paid a sum of Rs.67,58,000/- from 19.09.1999 till 09.05.2003 as demanded by the respondents-HSVP. It has been averred that after a delay of four years i.e. on 29.05.2003, possession of the plot was handed over to the petitioner.
The respondents-HSVP issued first demand notice dated 30.09.2002, for payment of Rs.32,47,400/- as enhanced cost of land @ Rs.811.85 per square meter. On making full and final payment of Rs.1,35,59,000/- by the petitioner, the respondents-HSVP issued 'No Dues Certificate' to the petitioner and conveyance deed in favour of petitioner was also executed on 05.10.2007.
The respondents-HSVP vide notice dated 08.07.2010 (Annexure P-7), again demanded an amount of Rs.92,06,549/- for recovery of enhanced cost of land. Aggrieved against the said demand notice, the petitioner filed CWP No.14689-2010. During the pendency of the writ petition, a revised
demand notice dated 24.10.2011 (Annexure P-8) was issued by the respondents-HSVP for payment of Rs.69,04,2895 by reducing 25% of the enhanced cost of land. This Court vide order dated 25.09.2013 (Annexure P9), allowed the writ petition filed by the petitioner and quashed the impugned demand notices and also directed the respondents-HSVP to constitute a committee to determine the enhancement of the cost of acquisition of land while giving opportunity of hearing to the petitioner. On account of non-compliance of the order dated 25.09.2013, the petitioner filed a contempt petition against the respondents-HSVP. Then the respondents-HSVP, without giving any opportunity of hearing to the petitioner, passed a speaking order (Annexure P-10) and ordered to recover Rs.1099.55 per square yards as a 3rd rate of recovery of enhanced cost of land.
Vide notice dated 14.01.2016 (Annexure P-11), the respondentsHSVP further demanded Rs.53,17,577/- @ Rs.1315.06 per square meters as enhanced compensation. This Court, while disposing of the COCP No.1508 of 2015 on 10.08.2017 (Annexure P-12) granted one opportunity to the petitioner to submit a representation to the respondents-HSVP. Inspite of the order passed by this Court, respondents-HSVP passed speaking orders Annexure P-13 and P-14. The petitioner submitted various representations to the respondents-HSVP for refund of the amount but to no avail, leading to the filing of the present writ petition.
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Whether Reportable Yes/No