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Punjab-Haryana High Court

Surya Roshni Limited vs State Of Haryana & Ors on 24 February, 2011

Bench: Jasbir Singh, Rakesh Kuamr Garg

Civil Writ Petition No.5006 of 2003(O & M)                    1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH



                              Civil Writ Petition No.5006 of 2003(O & M)
                              Date of Decision:24.02.2011

Surya Roshni Limited

                                                   ....petitioner

                       Versus

State of Haryana & Ors.

                                                   .....respondents

CORAM:        HON'BLE MR.JUSTICE JASBIR SINGH
              HON'BLE MR.JUSTICE RAKESH KUAMR GARG

Present:      Mr.Shailendra Jain, Advocate
              for the petitioner

              Mr.Kamal Sehgal, Addl.Advocate General, Haryana
              for the State
                            ***

JASBIR SINGH, J.(ORAL):

Reply in the shape of an affidavit of Sh.T.L.Satyaprakash, Joint Secretary to Government of Haryana, Industries and Commerce Department, Chandigarh, is placed on record.

In the affidavit, mentioned above, it is stated as under:

"Land measuring 13 acres 11 marlas of M/s Surya Roshni Limited has been offered to be released by the Government subject to the fulfillment of the following terms and conditions:
(i) The company will obtain Change of Land Use permission from the Director, Town and Country Planning/ Urban Local Bodies, Haryana. The Change of Land Use permission and compounding shall be got done within a period of three months positively;
(ii) The company will pay statuary levies and development Civil Writ Petition No.5006 of 2003(O & M) 2 charges levied by the Town and Country Planning Urban Local Bodies, Haryana and the HSIIDC.
(iii)The company will transfer any portion of land, for completion or development of a road network or any infrastructure facility to be created, to the HSIIDC free of cost; and
(iv) The company will enter into an exchange agreement if any portion of the above land is required for integration of planning and laying of infrastructure services.

The above offer was communicated to M/s Surya Roshni Ltd.vide letter dated 28.12.2010 regarding release of their land from acquisition proceedings. It is submitted for the kind attention of the Hon'ble Court that the company vide its letter dated 10.02.2011(A typed copy and a photocopy of the original letter along with affidavit of the petitioner company is enclosed as Annexure R-5 colly.)has accepted the terms and conditions of release of their land. A layout plan showing the land of the petitioner company, and marked as land pocket No.4, has been enclosed as Annexure R-6 for kind perusal of the Hon'ble Court." In view of the stand taken by the respondents, counsel for the petitioner states that this writ petition has become infructuous.

Accordingly, it is disposed of, as such.

(JASBIR SINGH) JUDGE (RAKESH KUMAR GARG) JUDGE 24.02.2011 neenu