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The petition further seeks a writ of mandamus directing the respondents to implement the agreement dated 15.10.2007 in letter and spirit and further, to refund Rs.65.975 lacs already deposited by way of charges for Change of Land User (CLU), External Development Charges (EDC), Social Infrastructure Fund (SIF) and Urban Development Fund.

3. The background facts as given in the petition are that, pursuant to a policy framed by the State of Punjab to regulate unauthorized construction and also declaring the Derabassi area as a Free Enterprises Zone (FEZ) in the year 2003, the petitioner-company applied, on 20.09.2006, for the grant of a Special Package of Incentives to set up an Industrial Park, with an investment of Rs.132 crores, over an area of 50 acres of land in the FEZ.

Thus, other than in respect of electricity duty exemption, as also converting the project for a 100% industrial purpose, there was no change to the concessions already granted.

Therefore, neither in the approval granted by the Empowered Committee on 15.11.2006, nor in the subsequent approval leading up to the 2010 agreement, was any eligibility certificate issued to the petitioner, exempting it from payment of external development charges. On the contrary, a provision for recovery of infrastructure development was expressly added in the agreement.

It is not the case of the respondents that the said fund has been charged in terms of the Punjab Infrastructure (Development and Regulation) Act, 2002, which was enacted for the purpose of providing for the partnership of private sector and public sector in the development, operation and maintenance of infrastructure facilities through financial sources other than those provided by the State budget, and for matters connected therewith or incidental thereto.

b) The project will fulfill the conditions as laid down in Industrial Policy and Tourism Policy including that minimum investment of Rs.5 crore in hotel project.
c) Proportionate cost of infrastructure development which will be carried out by the State Government in the area where project is located shall be borne by all the developers of hotels proportionately."