CWP No. 13640 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13640 of 2010 Date of Decision:- 28.10.2010 M/s G.S.C.R. Electronics Pvt. Limited ...Petitioner VERSUS HSIDC and another ..Respondent CORAM : HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr. C.B. Geol, Advocate for the petitioner. Mr. Dheeraj Chawla, Advocate for the respondents. *** PERMOD KOHLI, J. The petitioner is a Private Limited Company and it was allotted an industrial plot bearing No. 179-E, Sector 16, Industrial Estate, Bahadurgarh, measuring 4050 sq. meter for a total sum of Rs.81 lacs i.e Rs.2000/- per sq. meter. The company executed an agreement dated 22.02.2007 with the respondent. Subsequently, it was found that an additional area of 861 sq. meter was also part of the plot and, thus, the total area including additional area of the plot was 4911 sq.meter. On that basis, the respondents claimed additional price for the additional area comprising of plot No. 179-E, Sector 16, Industrial Estate, Bahadurgarh allotted to the petitioner. A demand letter dated 22.12.2008 was made asking the petitioner to deposit the cost of additional area @ Rs.4000/- sq. meter, though the earlier price and the demand was reported to be @ Rs.2000 sq. meter. The petitioner objected the enhancement of the price of additional area from Rs. 2000 sq. meter to Rs.4000 sq. meter. The CWP No. 13640 of 2010 -2- petitioner, however, deposited the price at the rate of Rs. 2000 sq. meter for the additional area as per the demand. During the course of the arguments, it has been revealed that the Director, Haryana State Industrial and Infranstructure Development Corporation Ltd, had issued a policy letter dated 31.07.2008 whereby the enhancement was made for the allotment of the land @ Rs.3000/- per sq. meter. This policy was made effective from 31.07.2008. Insofar as the case of the petitioner is concerned, the additional area was allotted to the petitioner on 02.07.2008. Thus, the old rate of Rs. 3000 per sq. meter was applicable at the relevant time. Mr. Goel has accepted this position and states that he is ready and willing to pay the enhanced price @ Rs.3000/- per sq. meter for the additional area. The petitioner shall be liable to pay the additional amount i.e difference of price between Rs.2000 sq. meter already paid and Rs. 3000 sq. meter which comes to Rs.1000/- per sq. meter. This amount after calculation shall be paid within a period of three months from today. The other controversy is regarding the raising of construction by the petitioner for which the petitioner has been issued show cause notice date 26.05.2009 for non-payment of the excess price and also notice dated 29.06.2009 for non-payment of the balance amount payable by the petitioner to the respndents. Mr. Goel submits that the petitioner is ready and willing to pay whatever the balance amount is payable within a period of three months from today. In view of this submission, this petion is disposed of with CWP No. 13640 of 2010 -3- the following direction:- The petitioner shall pay the balance amount as per the demand made by the respondents within a period of three months for the additional area at the rate of Rs. 3000 sq. meter after adjusting amount already paid and balance amount of the original price of the plot, if any, in terms of the allotment letter within the aforesaid period. After the payment of the entire price in the above manner , the petitioner shall apply for sanction/approval of the construction plan and the same shall be dealt with according to law. October 28, 2010 (PERMOD KOHLI) G.Arora JUDGE