Punjab-Haryana High Court
The Imt Manesar Residents Welfare ... vs Haryana State Industrial And ... on 22 July, 2013
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal
C.W.P. No. 7501 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No. 7501 of 2013 (O&M)
Date of Decision: July 22, 2013
The IMT Manesar Residents Welfare Association (Regd.) and another
...Petitioners
Versus
Haryana State Industrial and Infrastructure Development Corporation and
others
....Respondents
CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
HON'BLE MR.JUSTICE MAHAVIR S. CHAUHAN
Present: Mr. M.L. Sarin, Senior Advocate,
with Ms. Alka Sarin, Advocate,
for the petitioners.
Mr. Kamal Sehgal, Advocate,
for respondents No.1,2 and 4.
Mr. Randhir Singh, Additional Advocate General, Haryana
for respondent No.3.
..
SATISH KUMAR MITTAL, J. (Oral)
The petitioner-Residents Welfare Association has filed the instant petition for quashing of the demand notice dated 24.9.2012 (Annexure P4) whereby the payment of enhanced cost on account of enhancement of land acquisition compensation has been demanded from the members of the petitioner-Association at the rate of ` 3552/- per sq. meter. This demand has been made in addition to the tentative price paid by the members of the petitioner-Association at the time of allotment of the plots at the rate of ` 1800/- per sq. meter.
It is the case of the petitioners that the respondents have not Kumar Vinay 2013.07.29 12:12 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 7501 of 2013 (O&M) -2- properly calculated the cost on account of enhancement in compensation which is sought to be recovered from the members of the petitioner- Association being allottees.
In the written statement filed on behalf of respondents No.1,2 and 4, the following offer/suggestion has been made:-
"6. It is respectfully submitted here that the demand raised by the Corporation is totally legal and valid. Although, it is absolutely wrong and hence denied that the Corporation has adopted a wrong methodology for calculating the enhanced cost but in order to show its bona fide and to maintain transparency, the Corporation, subject to approval of this Hon'ble Court, is agreeable to constitute a committee of the Managing Director, HSIIDC, Chief Controller (Finance), HUDA and Chief Town Planner, HSIIDC assisted by Addl. General Manager (Accounts), HSIIDC to re-examine the same by taking into consideration the contention made by the petitioner in the present writ petition after affording an opportunity of personal hearing."
After hearing the learned counsel for the parties, we are of the opinion that the aforesaid offer/suggestion given by the respondents to constitute a committee to re-examine the issue after providing an opportunity of hearing to the petitioner by taking into consideration the contention raised by it is reasonable and fair. Learned counsel for the petitioners also does not dispute the reasonability of the offer/suggestion given by the respondents.
Consequently, we dispose of this writ petition with direction to the respondent-HSIIDC to constitute a committee, in the light of the aforesaid and to re-examine the issue of recoveries of enhanced cost of Kumar Vinay 2013.07.29 12:12 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 7501 of 2013 (O&M) -3- acquisition from the allottees/re-allottees after providing an opportunity of personal hearing and pass a speaking order in this regard within three months from the date of receipt of the certified copy of this order. Till the final decision of the said committee, no coercive action against the petitioners, under the aforesaid notice, shall be taken.
( SATISH KUMAR MITTAL)
JUDGE
July 22, 2013 ( MAHAVIR S. CHAUHAN )
vkg JUDGE
Kumar Vinay
2013.07.29 12:12
I attest to the accuracy and
integrity of this document
Chandigarh