C.W.P NO. 6740 OF 1990(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 6740 OF 1990(O&M) DECIDED ON : 23.03.2009 M/S K. L. M. Industries and anr. ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present : Mr. C. B. Kaushik, Advocate, for the petitioners. Mr. R. D. Sharma, Senior DAG, Haryana. Mr. Arun Walia, Advocate and Mr. Dinesh Nagar, Advocate, for respondents No.2 and 3. SURYA KANT, J. (ORAL) The petitioners seek quashing of the notices asking them to pay additional amount @ 31.61 per sq. yard for the plots allotted to them in the Industrial Sector MEI Urban Estate, Bahadurgarh. C.W.P NO. 6740 OF 1990(O&M) -2- The above stated industrial plots were allotted to the petitioners vide allotment letters like date 22.03.1979 (Annexure P-1) on a tentative price which could be further enhanced in terms of Clause 9 of the allotment letter. The HUDA-authorities served the petitioners with the impugned notices like 05.04.1989 (Annexure P-7) asking then to deposit 31.61 sq. yard towards water supply charges. Aggrieved, the petitioners have approached this Court. Respondent No.3 has filed a written statement and in para 5 thereof, it has been reiterated that additional amount of 31.61 sq. yard has been demanded for the supply of water to the allottees. No details as to how the said amount has been worked out, however, are disclosed in the written statement or to the petitioners in the impugned notices. Having heard learned counsel for the parties, I am of the considered view that the petitioners' grievance to the extent that water charges have been fixed arbitrarily without disclosing the manner in which they have been worked out, merits acceptance. It was imperative upon the HUDA authorities at least to disclose in the written statement as to how the additional payment of 31.61 per sq. yard, has been determined when the plots were allotted in a developed area and rate at a less than the rate sought to be charged towards water supply only. At the same time, the respondents shall be entitled to recover the additional demand, if any, towards the cost of land C.W.P NO. 6740 OF 1990(O&M) -3- and/or development works provided that the petitioners are duly apprised of the details of such an additional expenditure. For the reasons afore-stated, the writ petition is allowed in part and the impugned notices like 05.04.1989 are hereby quashed. The respondents are directed to furnish the details including the Statement of Accounts as to how the additional payment of 31.61 per sq. yards towards water supply charges has been worked out and communicate the same to the petitioners along with notices. On receipt thereof, the petitioners may deposit the same with simple interest @ 10% per annum within two months, failing which, the respondents shall be entitled to impose penalty/compound interest as per the HUDA Regulations. Disposed of. MARCH 23, 2009 (SURYA KANT) shalini JUDGE