IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 19127 of 2009 ( O&M ) DATE OF DECISION : 25.01.2010 Subhash Goyal alias Subhash Gupta .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Alok Jain, Advocate, for the petitioner. Ms. Preeti Khanna, Advocate, for Mr. Sidharth Batra, Advocate, for respondents No.3 and 5. * * * SATISH KUMAR MITTAL , J ( Oral ) The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the order dated 4.12.2009 (Annexure P-7), whereby respondent No.5 has asked the petitioner to deposit an amount of Rs. 14,29,750/- towards the development charges with regard to the allotment of 1880 square yards of land, as shown at B2 in the site plan Annexure P-3/A, in terms of the order dated 10.7.2009, passed by the Financial Commissioner, Town and Country Planning, Haryana, in exchange of 2050 square yards of land of the petitioner, in which he is running his factory, as shown at A2 in the aforesaid site plan, which is to be CWP No. 19127 of 2009 -2- handed over by HUDA to the Railways for laying of Rewari Rohtak Railway line. The contention of the petitioner is that in the aforesaid order dated 10.7.2009, there was no condition for charging development charges from the petitioner for the land to be allotted to him in exchange. On December 11, 2009, notice of motion was issued for February 10, 2010 and operation of the impugned order dated 4.12.2009 (Annexure P-7) was stayed till the next date of hearing. In the meanwhile, respondents No.3 and 5 filed an application (CM No. 20848 of 2009) for modification of the order dated December 11, 2009. Subsequently, they filed another application (CM No. 834 of 2010) for placing on record Annexures R-2 and R-3, which was allowed. On January 22, 2010, learned counsel for the non-applicant/petitioner also came present and stated that in case respondents No.3 and 5 agree not to recover EDC from the petitioner, the petitioner is ready to hand over the vacant possession of 2050 square yards of land allotted to him in exchange, within 20 days of the handing over of the vacant possession of 1880 square yards of land by the HUDA to him. Counsel for respondents No.3 and 5 sought time to have instructions in the matter and file affidavit in this regard. Today, an affidavit of the Administrator, HUDA (HQ) C-3, Sector 6, Panchkula, on behalf of respondents No.3 and 5, has been filed in Court today. The same is taken on record. Learned counsel for respondents No.3 and 5 contends that the land measuring 1880 square yards, as shown at B2 in the site plan Annexure CWP No. 19127 of 2009 -3- P-3/A, is to be allotted by HUDA to the petitioner as per the order dated 10.7.2009, passed by the Financial Commissioner, Town and Country Planning, Haryana, and said land is lying vacant, and the HUDA will deliver possession thereof to the petitioner immediately. She further states that in para 5 of the affidavit, it has also been stated that in exchange thereof, the petitioner be directed to deliver vacant possession of the land measuring 2050 square yards, as shown at A2 in the aforesaid site plan, to the HUDA, within 20 days of the delivery of possession of 1880 square yards of land by HUDA, to facilitate the time bound commissioning of the Rewari-Jhajjar Railway line. Learned counsel further states that respondents No.3 and 5 have agreed and decided not to charge EDC, amounting to Rs. 14,29,750/- from the petitioner, provided he hands over the vacant possession of the aforesaid 2050 square yards of land to the HUDA within 20 days of the delivery of possession of 1880 square yards of land by HUDA to him. Learned counsel submits that in view of the aforesaid facts, this writ petition may also be disposed of. Learned counsel for the petitioner, on instructions from the petitioner, states that the aforesaid terms and conditions are acceptable to the petitioner. Consequently, we dispose of the main writ petition with the following understandings between the parties : (i) That the HUDA shall not charge EDC amounting to Rs.14,29,750/- from the petitioner; CWP No. 19127 of 2009 -4- (ii) That the vacant possession of the land measuring 1880 square yards, as shown at B2 in the site plan Annexure P-3/A, which is to be allotted by the HUDA as per the order dated 10.7.2009, passed by the Financial Commissioner, Town and Country Planning, Haryana, is ready for handing over to the petitioner and the petitioner can take its vacant possession on January 27, 2010; (iii) That the petitioner shall hand over the vacant possession of the land measuring 2050 square yards, as shown at A2 in the aforesaid site plan, within 20 days of the delivery of possession of 1880 square yards of land by HUDA to him i.e. on or before February 16, 2010. (iv) That in case, the petitioner does not hand over the vacant possession of the aforesaid 2050 square yards of land with the aforesaid period, it shall be open for the HUDA to take possession of the said land forthwith thereafter, and the said land shall be deemed to be in absolute ownership and possession of the HUDA for further handing over to any authority for commissioning of the Rewari-Jhajjar Railway line. Petition is accordingly disposed of. Copy of the order be given dasti to learned counsel for the parties, under the signatures of the Court Secretary of this Court. ( SATISH KUMAR MITTAL ) JUDGE January 25, 2010 ( MEHINDER SINGH SULLAR ) ndj JUDGE