CWP No.7065 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7065 of 2008 Date of decision: March 25, 2009. The Manav Apartments E.W.S. Co-op GHS Ltd. ...Petitioner(s) v. State of Haryana & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Shiv Kumar, Advocate for the petitioner. Shri Ravi Dutt Sharma, Deputy Advocate General, Haryana. Shri Ajay Nara & Shri Arun Walia, Advocates for respondent(s) No.2 to 4. ORDER Surya Kant, J. - (Oral): This order shall dispose of CWP Nos.7065 and 7071 of 2008 as common questions of law and facts are involved therein. The facts are being taken from CWP No.7065 of 2008. The petitioner is a group housing co-operative society whose members belong to the economically weaker sections of society. The society had originally 28 members and it has been allotted plot, No.33, Sector 2, Faridabad, measuring 2000 square meters by HUDA under the CWP No.7065 of 2008 -: 2 :- Group Housing Scheme, 2005. After the allotment, the society moved an application before the HUDA authorities it to permit to increase the strength of its members from 28 to 46. The Society gave an undertaking that the total covered area of the 46 flats shall be 37260 sq. feet only at the permissible FAR as against the permissible covered area of 37852 sq. ft. This, according to the petitioner-society, shall be achieved by raising construction upto 8th storey though it has been presently allowed to raise construction upto 4th storey. The society has further asserted that even after raising construction upto 8th storey, the height of the building shall not go beyond the maximum permissible limit of 40 meters, rather will be 26.66 meters only. Since the respondents did not accede to the petitioner's request, it has approached this court. Notice of motion was issued and in response thereto, the respondents have filed their counter affidavit, inter-alia, opposing the petitioner's prayer for increase of membership from the existing 28 to 46 on the ground that as per the terms and conditions contained in Group Housing Scheme, 2005, maximum 25% more members can be added. It is explained that the petitioner-society can be permitted to construct not more than 30 dwelling units on the allotted plot which permits it to increase its members from 28 to 30 only. Having heard Learned Counsel for the parties at some length, it appears that the petitioner-society having applied and allotted a plot under the Group Housing Scheme 2005, is bound by the terms and conditions contained in the said Scheme. However, it is specifically averred that the increase of membership or permission to construct 46 flats can be granted CWP No.7065 of 2008 -: 3 :- without compromising with the FAR or the open space to be left out, or any other terms and conditions contained in the Housing Regulations framed by the HUDA except that the petitioner will have to raise the height upto 8th storey and that too upto 26.66 meters only as against the permissible height of 40 meters. These aspects have not been examined at all by the respondents. In other words, if the permission sought by the petitioner- society can be granted by strictly adhering to the prescribed FAR or other parameters like minimum open space, ventilation, safety norms, etc., there appears to be no valid reason to deny such permission of course, without permitting replacement/substitution of the original members, more so when it would reduce the cost burden on the existing members of the petitioner- society who belong to economically weaker sections of the society. For the reasons afore-stated, this writ petition is disposed of with a direction to the Chief Administrator, HUDA, Panchkula to look into the petitioner's grievance in the light of the observations made herein-above and dispose of its pending request by passing a reasoned order within a period of two months from the date of receipt of a certified copy of this order. Dasti. March 25, 2009. [ Surya Kant ] kadyan Judge