Document Fragment View

Matching Fragments

"Primarily, the grievance raised by the petitioner before this Court is that no external development works had been carried out by the respondents at the site and as such the petitioner was not liable to pay the aforesaid development charges, and in any case, the aforesaid policy decision was not even applicable to the case of the petitioner.
Shri R.S. Mittal, learned Senior counsel appearing for the petitioner, however, argues that since the appellate MOHD YAKUB 2023.08.09 16:24 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
2023:PHHC:102842 authority has remanded the matter back to the competent authority with some definite directions, therefore, the competent authority would be legally bound by such directions and various pleas raised by the petitioner challenging levy of the external development charges, remain adjudicated.
Keeping in view of the fact and circumstances of the case and also the fact that the appellate authority has already set aside the original demand orders passed against the petitioner and the matter has been remanded back to the competent authority for re-determination, we deem it appropriate to direct the competent authority to adjudicate upon the various objections/pleas raised by the petitioner challenging the levy of the external development charges.
For the aforesaid purpose, the competent authority would adjudicate upon the various pleas/objections, wherein it has been pointed out that no external development work had been carried out by the respondents. It would be only after the determination of the aforesaid fact that the competent authority would be required to pass a fresh demand order against the petitioner, if any. On passing of the aforesaid fresh demand order, the petitioner would be at liberty to challenge the same, if so advised, in accordance with law. Till the final determination is made by the competent authority, the petitioner would not be required to pay/deposit any external development charges.