LPA No. 1330 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1330 of 2009 (O&M) Date of decision: December 2, 2009 M/s Alpha G: Corp Development Private Ltd. ...Appellant Versus State of Punjab and others ...Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajiv Atma Ram, Senior Advocate with Mr. Alok Jain and Mr. Amit Jhajni, Advocates, for the appellant. Mr. V.K. Sandhi, Advocate, for respondents No. 3 and 4. ORDER 1. This appeal has been preferred against interim order passed by learned Single Judge adjourning the case to 14.1.2010, without deciding prayer for interim order sought in the writ petition, filed by the appellant. 2. Writ petition has been filed against letter dated 27.3.2009 requiring the appellant to pay amount of Rs. 14.40 crores, as change of land use fee before granting completion certificate. Demand for the said amount is said to be pending since 1.9.2008. 3. Case of the petitioner in the writ petition is that the demand of fee for change of land use was illegal. Main contention in the writ petition is that building scheme under which charges towards land use have been LPA No. 1330 of 2009 2 demanded had no force of law, until the same was sanctioned under Section 275 (4) of the Punjab Municipal Corporation Act, 1976. The Municipal Corporation, Amritsar contested the writ petition by filing a reply. 4. When the writ petition came up for hearing on 15.10.2009, though learned counsel for the Municipal Corporation submitted that if the appellant furnishes bank guarantee, completion certificate will be issued, the court did not accept this and made certain observations against the conduct of the Municipal Corporation and directed Secretary, Local Bodies, Punjab, to remain present in Court. The said Secretary appeared and assured the Court that necessary steps for filing reply will be taken. Thereafter, matter was adjourned to await the response to the additional affidavit which was filed on behalf of the petitioner. On 23.11.2009, the matter was adjourned to 14.1.2010. Learned counsel for the parties state that by the time matter was taken up, there was hardly any time left for the Court to rise. 5. Learned counsel for the appellant has pressed for interim order in this appeal on the ground that the appellant has invested huge amounts of money for raising the building and in identical matter, being CWP No. 9256 of 2009, on 1.7.2009 interim order was granted by this court. He submits that the Corporation may accept bank guarantee for the disputed amount. 6. Learned counsel for the Municipal Corporation opposed the prayer and submits that direction for grant of completion certificate should be made only on deposit of the amount due. He submits that order passed in another matter was in a different fact situation. 7. On being asked whether the appellant was willing to pay the amount to the Corporation, subject to further orders, learned counsel for the LPA No. 1330 of 2009 3 appellant states that the appellant is willing to deposit the amount in Court but is not willing to pay the same to the Corporation, even subject to further orders. 8. Since the matter before learned Single Judge is fixed for hearing on 14.1.2010, we are of the view that no interference is called for at this stage. We do not express any opinion on any of the contentions raised at this stage as the appellant will have opportunity to press for interim relief on the date fixed before learned Single Judge. 9. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE December 2, 2009 (GURDEV SINGH ) prem JUDGE