Section 5 in Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2012
5. Validation.
(1)Notwithstanding any judgement, decree or order of any court or tribunal or other authority to the contrary, any action taken with regard to the recovery of proportionate cost of construction of such schools, hospitals, community centres and other community buildings, either through the issuance of executive instructions or through condition prescribed in the Bilateral Agreement executed at the time of grant of licence or through any undertaking obtained from the coloniser, or any action taken or things done or purporting to have been taken or done, before the commencement of the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2012, shall be deemed to be as valid and effective as if such action was taken or done in accordance with the provisions of the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2012 and any executive instructions or any Bilateral Agreement or any undertaking obtained in this regard and all such recoveries made, shall be deemed to be as valid and effective as if such Bilateral agreement were executed, or executive instructions were issued or undertakings were obtained or recoveries were made in accordance with the provisions as amended and validated in accordance with the provisions contained in the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2012, and shall not be called in question in any court or tribunal or other authority:Provided that the amount already deposited against the cost of construction of the community buildings shall be spent on the construction of such community buildings or related infrastructure within a period of five years hereafter, unless any further extension is allowed under exceptional circumstances by the Government after recording reasons thereof, and accordingly,-(i)all acts, proceedings or things done or action taken by the Government or by any other official of the Government or by any authority, in connection with the recovery of cost of construction of such schools, hospitals, community centres and other community buildings by the Director either through issuance of executive instructions or through condition prescribed in bilateral agreement or through any undertaking obtained from coloniser, for all purposes be deemed to be and to have always been done or taken in accordance with law;(ii)no suit or other proceedings shall be maintained or continued in any court or before any authority for the refund of any such amount already deposited or for nullification of Bilateral agreement already made, executive instructions already issued and undertaking obtained; and(iii)no court or authority shall enforce a decree or order directing the refund of any such recovery of cost of construction of such schools, hospitals, community centres and other community buildings so charged or for nullification of bilateral agreement executed or any executive instructions issued or any undertaking obtained in this regard.(2)Notwithstanding any judgement, order or decree of any court or tribunal or other authority to the contrary, if a licensee who deposited the cost of construction, full or part, on the demand of Government and later took the refund under a judgment, order or decree passed by court or tribunal or any other authority, the Government may, after the notification of the Haryana Development and Regulation of Urban Areas (Amendment and Validation) Act, 2012, order the recovery of the amount of construction of which the refund has been taken by the licensee under such judgment, order or decree, after giving a show cause notice and an opportunity of being heard.
