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25. In the light of our direction dated 14.02.2019, the Director, Town and Country Planning, Haryana has filed status affidavit containing the details as to (i) amount so far deposited towards the external development charges; (ii) estimate of the internal and external development works and other details.

26. Stand of Director, Town and Country Planning:- The State of Haryana has filed detailed status report stating that an amount of Rs.19,76,69,127/- has been deposited with the Department towards the external development charges:-Rs.17,17,72,000/- by the Colonizer + Rs.1,75,00,000/- by the petitioners). The DTCP has stated that respondent No.6, in the written submission dated 21 (Point No. (V) at Pg. 15-16 of submission on behalf of petitioners filed on 13.03.2019 in terms of order dated 14.02.2019) 22.07.2019 stated that they have collected Rs.15,79,90,433/- from “No Profit, No Loss” and “General Category” plot claimants and further submitted that the DTCP, Haryana has spent Rs.8,60,00,000/- on the internal development works and deposited Rs.17,17,00,000/- with the State of Haryana for external development works. The State of Haryana has also taken the stand that in response to the show cause notice dated 23.04.2013 issued by the Department to M/s Durga Builder Pvt. Ltd. and its associate companies, reply dated 25.06.2013 signed by Sh. Ravinder Kumar Nanda was filed stating that M/s Durga Builder Pvt. Ltd. has collected Rs.28,13,91,183/- i.e. Rs.17,00,99,128/- in Phase-I and Rs.11,12,92,055/- in Phase-II and spent Rs.21.39 crores on the internal development works. According to the State of Haryana, the stand of DBPL is totally contradictory to its stand taken in the written submission filed in the court.22

27. Amount so far deposited towards external development charges:- So far as the amount deposited towards External Development Charges, in the Status Report, the State of Haryana has stated as under:-

“That, as per the terms and conditions of the licence, the internal development works are to be executed by the colonizer, so no amount on account of Internal Development Charges has been deposited by the colonizer to the Department. It is further submitted that the colonizer has deposited Rs.17.17 crores. That as per order of this Hon’ble Court dated 07.04.1997 and 02.12.1999, the petitioners have deposited a total sum of Rs.1.75 crores @ Rs.50/- per sq. yd. with the Department which has adjusted by the 22 (Under Point No.2 at Pg.7-8 of Reply filed by DTCP, Haryana on 19.08.2019) Department against outstanding dues of external development charges.

29. Estimate of the External Development Works:- For execution of the external development works, Superintending Engineer, HSVP Circle, Faridabad has informed that approximately Rs.8.00 crores have already been spent on External Development works of the licensed area. As per rough cost estimates given by the Superintending Engineer, HSVP Circle, Faridabad about Rs.47.00 crores would be required for completion of the external development works around the licensed colony area and connecting the services with the internal development works to be executed in the colony. Thus, a total amount of Rs.117,00,00,000/- (Rs.70,00,00,000/- Plus Rs.47,00,00,000/-) is required for the internal development and external development works. 26

31. As discussed above, a total of Rs.117,00,00,000/- is required for completion of internal and external development works. Since the completion of internal and external development works would take some time, suitable provision has to be made for increase in cost of internal and external development works and other incidental expenses. In our view, in addition to Rs.117,00,00,000/- (Rs.70,00,00,000/-plus Rs.47,00,00,000/-) for internal and external development works, another 10% i.e. Rs.11,70,00,000/- is to be added to the total cost of internal and external development works. Thus, the amount of Rs.128,70,00,000/- (Rs.117,00,00,000/- + Rs.11,70,00,000/-) is payable to the Director General, Town and Country Planning (DGTCP), Haryana for undertaking and completing the internal and external development works. Mr. Maninder Singh, learned Senior counsel appearing for the Director, 27 (Para No.2 at Pg. 6 of Status Affidavit filed by DTCP, Haryana dated 07.03.2019) Town and Country Planning, Haryana submitted that at least 90% of the amount has to be deposited to enable the Department to undertake the works. The question is as to how this amount is to be paid to DTCP, Haryana.