Punjab-Haryana High Court
Army Welfare Housing Organization vs Haryana Urban Development Authority & ... on 15 March, 2012
Bench: Hemant Gupta, A.N. Jindal
Civil Writ Petition No. 581 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 581 of 2012
Date of decision:- 15.03.2012
Army Welfare Housing Organization ....Petitioner
Vs.
Haryana Urban Development Authority & others ....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. A.K. Tewari, Advocate,
for the petitioner.
Mr. D.V. Sharma, Senior Advocate,
with Ms. Shivani Sharma, Advocate,
for the respondents.
HEMANT GUPTA, J. (Oral)
The petitioner is an allottee of plot measuring 50629.04 Sq. meters in Sector 27, Panchkula allotted to the petitioner vide letter of allotment dated 22.12.2004. The respondents have raised an additional demand of Rs.18,58,12,841/- towards the enhanced cost of land. It is the said demand, which is subject matter of challenge in the present writ petition.
Learned counsel for the petitioner has pointed out that Resident Welfare Society of Sector 26, Panchkula, has also disputed the claim of enhanced compensation in CWP No. 18681 of 2011. This Court has disposed of the said writ petition with the following directions:-
"(a) the committee constituted by the respondents shall Civil Writ Petition No. 581 of 2012 2 disclose to the petitioner the basis for demand of the enhanced price of plots allotted to the petitioner's members;
(b) while disclosing this amount, the respondents shall give exact particulars of the acquired land, land reserved for roads, common services, administrative buildings, educational/ religious institutions and Ghaggar river etc. The respondents shall also disclose to the petitioner the date of notification under Section 4 and 6 of the Land Acquisition Act, the particulars of the award pronounced by the then Land Acquisition Collector, the date of deposit of compensation and the interest paid thereon etc. The respondents shall also furnish all other particulars as may be necessary for a just and proper adjudication of the objections raised by the petitioner;
(c) the petitioner shall be entitled to an opportunity of hearing and for that purpose would be entitled to file fresh objections which shall be considered and decided by passing a speaking order and
(d) in case any amount is found due from the petitioner's members it shall be paid within two months of the raising of such a demand or in such other manner as the respondents may deem appropriate.
The petitioner is directed to appear before the committee headed by Administrator, HUDA on 17.11.2011, who shall decide the matter within two months from the aforementioned date."
In terms of the said directions, the respondents have passed an order on 18.01.2012, a copy of which has been appended by the respondents along with the written statement as Annexure R-2.
We have heard learned counsel for the parties and we deem it appropriate to allow the present writ petition in the same terms as in CWP No.18681 of 2011. However, we clarify that while considering the claim of the petitioner in terms of the directions contained in the aforesaid writ petition, the respondents shall consider the representation submitted by the petitioner and additional Civil Writ Petition No. 581 of 2012 3 representation, if any, to be submitted within one month. The Empowered Committee shall pass an order in respect of the representations, so submitted by the petitioner considering the grievances raised by the petitioner.
The Empowered Committee shall communicate the date of hearing to the parties.
Disposed of accordingly in the terms mentioned above.
(HEMANT GUPTA)
JUDGE
(A.N. JINDAL)
March 15, 2012 JUDGE
ajp/vimal