Case: ASHISH SETH  Vs. SUMIT MITTAL & ORS.

M.R. SHAH, J. 1. The dispute is between the two groups – Seth Group and Mittal Group. Both, the Seth Group and Mittal Group entered into a Memorandum of Settlement (MOS) dated 4.5.2015, which ultimately was made a part of this Courts order dated 5.5.2015, disposing of Writ Petition (Criminal) No. 5 of 2015 and Writ Petition (Criminal) No. 11/2015. Non-compliance of the order passed by this Court in the aforesaid writ petitions is the subject matter of the present contempt petition No. 34/2016 initiated by the Seth Group. After considering the rival submissions and the relevant clauses in the MOS dated 4.5.2015 and after considering the obligations of the Seth Group and the obligations of the Mittal Group under MOS dated 4.5.2015 and after having noted and considered the material on record, this Court in the earlier detailed order dated 24.4.2020 specifically held that the Mittal Group have deliberately and wilfully not fulfilled their obligations which are required to be fulfilled under MOS dated 4.5.2015. This Court also opined that as such Mittal Group have rendered themselves liable for the action under the Contempt of Courts Act. However, before taking any further action, this Court granted further two months time to the Mittal Group, namely, Shri Sumit Mittal, Shri Madhur Mittal and TFIPL, to fulfil their part of obligations under MOS dated 4.5.2015, more particularly, (i) To pay the entire EDC liability of TFIPL with interest in relation to license Nos. 34, 35 and 36 other than the share of the EDC liability which the Seth Group has undertaken to pay as per Clause 1.2 of the MOS; (ii) As per Clause 1.2, EDC liability of the Seth Group is to the extent of Rs.25,27,92,000/-, out of the total EDC liability of TFIPL in relation License Nos. 34, 35 and 36 as on 24.03.2015 together with interest accrued thereon from 24.03.2015. Therefore, the Seth Group shall make the entire payment of Rs.25,27,92,000/- along with the interest accrued thereon from 24.03.2015 towards their EDC liability in respect of License Nos. 34, 35 and 36 of 2007; (iii) The Mittal Group is hereby further directed to renew the license Nos. 34, 35 and 36 of 2007; to execute GPA by TFIPL (as per Clause 5.3), Board Resolution by TFIPL for availing benefit under EDC Relief Policy (as per Clause 1.2.1), NOC without any conditions (as per Clause 8) to the Seth Group; (iv) Thereafter, the DTCP to bifurcate the Seth Groups portion of the land in accordance with law and as per the policy and/or the rules and regulations, if any. It is also observed that it will be open to the respective parties to avail the benefit of the applicable EDC Relief Policy, which may be considered by the DTCP in accordance with the applicable EDC Relief Policy, if any. This Court specifically directed that the entire exercise shall be completed within a period of two months from the date of lifting lockdown in the concerned area, failing which this Court shall proceed to pass appropriate further order/orders under the Contempt of Courts Act for non-fulfilment of the obligations by the respondents – Shri Sumit Mittal, Shri Madhur Mittal and TFIPL. 2. It appears that despite the above specific directions, license numbers 34, 35 and 36 of 2007 are not renewed by the Mittal Group and because of the non-renewal of the aforesaid licensees, even the balance amount of EDC liability has not been paid by the Seth Group and even the Mittal Group has also not paid their liability towards the EDC in respect of the aforesaid license numbers 34, 35 and 36 of 2007 and therefore the ultimate sufferer is the home buyers who are waiting for their homes. 3. Seth Group has filed Interlocutory Application No. 78952 of 2020 for the following reliefs: i) allow the present application and direct that in the event the Mittal Group still fails to comply with its obligations under the MOS dated 04.05.2015, as reiterated in the directions of this Court dated 24.4.2020, the bifurcation and renewal of license Nos. 34, 35 and 36 of 2007 be granted in favour of the Seth Group, subject to any further conditions; ii) direct that consequent to the bifurcation and renewal of licenses in question, the Seth Group shall handover the apartments to the flat buyers within a time bound manner, under the control and direction of Director General Town and Country Planning, Haryana. 4. Mittal Group has also filed Interlocutory Application No. 96206 of 2020 and have prayed for the following reliefs: i) direct Seth Group to comply clause 1.2 (to the extent of providing Bank Guarantee) and clauses 1.3 and 1.4 and all other formalities as contained para-17 of the order dated 05.05.2015 and to furnish the requisite documents to the Maximal Infrastructure Pvt. Ltd. as entailed in the Check-List formulated by DTCP for renewal of license, in a time bound manner; ii) direct other developers, namely, Official Liquidator of Triveni Infrastructure Development Company Limited (presently company is under liquidation), PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. to comply with all formalities as contained in the Check-List for renewal of license and furnish the requisite documents to the Maximal Infrastructure Pvt. Ltd. in a time bound manner. 5. It is the case on behalf of the Seth Group that the Mittal Group is deliberately and wilfully and with malafide intention creating the hurdles in getting the aforesaid three licensees renewed. It is submitted that unnecessarily the Mittal Group is asking the Seth Group to furnish the requisite documents to the Maximal Infrastructure Pvt. Ltd. as entailed in the Check-List formulated by the DTCP for renewal of licensees. It is submitted that unnecessarily the Mittal Group is insisting the other developers, namely, the Official Liquidator of Triveni Infrastructure Development Company Ltd., PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. to comply with all formalities as contained in the Check-List for renewal of license and furnish the requisite documents to Maximal Infrastructure Pvt. Ltd. It is submitted that even the Mittal Group is also not paying their liability towards the EDC, though specifically directed by this Court in its order dated 24.04.2020. It is submitted that the Mittal Group is required to pay the entire renewal license fee charges and because of non- payment of the renewal license fee charges and non-submission of the relevant documents and/or asking the documents from the Seth Group, though not required, licensees are not being renewed. It is submitted that so far as the Seth Group is concerned, they have already fulfilled their obligations under the MOS dated 4.5.2015 and have already paid the huge amount and despite the same they are not getting any benefits and therefore, it is prayed to grant the reliefs prayed in IA No. 78952 of 2020. 6. On the other hand, Shri Ranjit Kumar, learned Senior Advocate appearing on behalf of the Mittal Group has submitted that for getting license numbers 34, 35 and 36 renewed the requisite documents as entailed in the Check-List formulated by the DTCP are required to be furnished and the Seth Group is not furnishing the requisite documents and therefore there is a delay in getting the aforesaid licensees renewed. It is submitted therefore that as such the Seth Group is responsible for not getting the licensees renewed. 6.1 Shri Ranjit Kumar, learned Senior Advocate appearing on behalf of the Mittal Group has further submitted that after the order dated 24.04.2020 passed by this Court, with respect to the EDC liability, the DTCP has come out with a new OTS Scheme, i.e., Samadhan Se Vikas. It is submitted that the Mittal Group is ready and willing to avail the new One Time Settlement Scheme – Samadhan Se Vikas. It is submitted that the amount due and payable under the new scheme has been computed by the DTCP in the last communication dated 17.09.2020. 7. Having heard the learned counsel for the respective parties and considering the earlier order passed by this Court dated 24.04.2020, it cannot be disputed that as directed by this Court the Mittal Group is to renew license numbers 34, 35, and 36 of 2007 and for which the application is to be submitted by the Mittal Group – TFIPL. For the licensees to be renewed, the license renewal fee is required to be paid and only thereafter on payment of EDC by the respective groups – Seth Group and Mittal Group, as determined in the order dated 24.04.2020 and on payment of other charges due and payable under the law, the aforesaid license numbers 34, 35 and 36 of 2007 can be bifurcated. So, first of all, the renewal license fee is required to be paid. It is the case on behalf of the Seth Group that they are not required to pay any renewal license fee and it is the liability of the Mittal Group to pay the renewal license fee, which is disputed by the Mittal Group. 7.1 Now so far as the liability to pay the renewal license fee is concerned, the relevant clauses of MOS dated 4.5.2015 are required to be considered and they are clause nos. 1.3, para 2, para 5.4, 17 and 18, which are as under: 1.3 Pay License Fee to Directorate of Town and Country Planning (DTCP) Haryana as under: 1.3.1 The Seth Group shall pay Rs.1,46,58,000/- (Rs. One Crore Forty Six Lacs and Fifty Eight thousand only) to TFIPL in the form of Demand Draft drawn in favour of Directorate of Town and Country Planning Haryana towards License Renewal Fee in respect of License Nos. 34, 35, & 36 of 2007 to the TFIPL on or before 21.06.2015 for forwarding the same to DTCP, Haryana on 21.06.2015 together with the balance license fee made available by Mittal Group in terms of the clause 5.4 below. 2. The amount to be paid by Seth Group towards License Fee under Clause 1.3 and the Bank Guarantee to be furnished by Seth Group towards IDW, under Clause 1.4 above, includes not only the liability of Seth Group in that behalf, but also that of M/s Pal Infrastructure & Developer Pvt. Ltd. (for short Pal), M/s ORS Infrastructure Pvt. Ltd. (for short ORS) and M/s Heritage Cottages Pvt. Ltd. (for short Heritage) to the extent of Rs.53,11,000/- (approx.) towards license fee liability and Rs.1,69,83,000/- (approx.) towards IDW Bank Guarantee amount. Mittal Group have also similarly borne part of the liability of Pal, ORS and Heritage. As and when, Pal, ORS and Heritage, contribute their share of the License Fee and furnish their Bank Guarantee for the IDW amount, the Seth Group and Mittal Group will be entitled to the refund of the excess License Fee paid by them and also for restriction of the IDW Bank Guarantee to the amounts actually due by them, by substituting/replacing the Bank Guarantees of Seth Group and Mittal Group by the Bank Guarantees of Pal, ORS and Heritage. In the event of Pal, ORS and Heritage fail or neglect to pay the amounts due by them as aforesaid within 120 days from the date of deposit by the Seth Group, the Seth Group is authorized in its own name, to initiate appropriate legal proceedings against the defaulter/s, to the extent of the amount advanced by Seth Group along with interest, and/or in respect of Bank Guarantees so furnished, as stated herein before. 5.4 The Mittal Group shall pay/cause to be paid the balance license fee as well as the balance IDW Bank Guarantee (i.e. total amount payable on account of TFIPL less the Seth Group share as stated in Clause 1.3 and 1.4) to DTCP as per the demand of DTCP, Haryana on or before 23.06.2015 for renewal of License Nos. 34, 35 and 36 of 2007 in the name of TFIPL. 17. Mittal Group shall apply for renewal of license by 23.06.2015 subject to compliance of clause 1.2 (to the extent of providing Bank Guarantee), 1.3 & 1.4 by the Seth Group. The Seth Group have provided documents/undertakings with respect to the lands falling to share of the Seth Group under Agreement dated 15.06.2007, i.e. (i) Status of construction/allotment of EWS Flats, and (ii) Service Plan status its drawing, estimates and its approval from HUDA, Chandigarh annexed as Annexure – 16, to enable Mittal Group to apply for renewal of license. Seth Group does not have any further document in this regard, however, it is clarified that in case any indemnity, undertaking, letter and/or similar document is required to be executed after filing of the application for renewal of license, pertaining to the lands falling in the share of Seth Group under Agreement dated 15.06.2007, Seth Group shall do the needful at the earliest if so requested by Mittal Group. 18. On application made for renewal of license in terms of clause 17, Mittal Group will secure renewal of license within 90 days. All administrative and miscellaneous charges, compounding fee, penalties and other charges levied and payable by PAL, ORS and Heritage for renewal of license shall be paid by the Mittal Group. All such charges in respect of FIPL agreement shall be exclusively paid/borne by Seth Group by similarly paying to TFIPL immediately on being demanded. 7.2 It is required to be noted that as noted in order dated 24.04.2020, the Seth Group earlier deposited a sum of Rs.1.47 crores towards the license renewal fees to DTCP, Haryana. It is also required to be noted that the aforesaid three license numbers 34, 35 and 36 of 2007 are with respect to the entire 48.03 acres of Sector 89 land, out of which the development rights of only 14.80 acres have been given to the Seth Group. Even, bifurcation of licensees shall be with respect to 14.80 acres in favour of the Seth Group and the remaining 33.23 acres in favour of the Mittal Group and others as under: table Therefore, the liability of the Seth Group towards the license renewal fees would be to the extent of 14.80 acres of Sector 89 land only. However, it is required to be noted that as per clause 1.3 of MOS dated 4.5.2015, the Seth Group agreed to pay Rs.1,46,58,000/- to TFIPL towards license renewal fees in respect of license nos. 34, 35 and 36 of 2007 which included not only the liability of the Seth Group, but also that of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. to the extent of Rs.53,11,000/- towards license renewal fees liability. 7.3 As mentioned in clauses1.3 and 2 of MOS dated 4.5.2015, the Mittal Group is also required to borne part of the liability of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. As mentioned in clause 2, as and when, PAL, ORS and Heritage contribute their share of the license fee and furnish their Bank Guarantee for the IDW amount, the Seth Group and Mittal Group will be entitled to the refund of the excess license fee paid by them and also for restriction of the IDW Bank Guarantee to the amounts actually due by them, by substituting/replacing the Bank Guarantees of Seth Group and Mittal Group by the Bank Guarantees of PAL, ORS and Heritage. As provided in clause 2, in the event of PAL, ORS and Heritage fail or neglect to pay the amounts due by them within 120 days from the date of deposit by the Seth Group, the Seth Group is authorized in its own name, to initiate appropriate legal proceedings against the defaulter/s, to the extent of the amount advanced by the Seth Group along with interest, and/or in respect of Bank Guarantees so furnished. Even as per clause 1.3.1, the Seth Group was required to pay the aforesaid amount of Rs.1,46,58,000/- to TFIPL in the form of demand draft drawn in favour of Directorate of Town and Country Planning, Haryana, together with the balance licensee fee made available by the Mittal Group in terms of clause 5.4. Clause 5.4 is reproduced hereinabove and as per the said clause, the Mittal Group shall pay/cause to be paid the balance license fee as well as the balance IDW Bank Guarantee (i.e. total amount payable on account of TFIPL less the Seth Group share as stated in clauses 1.3 and 1.4) to DTCP, Haryana for renewal of license nos. 34, 35, and 36 of 2007 in the name of TFIPL. 7.4 Even as per Clause G – Renewal of License, the Seth Group is required to provide documents/undertakings with respect to the lands falling to share of the Seth Group under agreement dated 15.06.2007, i.e. (i) status of construction/allotment of EWS flats, and (ii) service plan status, its drawing, estimates and its approval from HUDA, Chandigarh annexed as Annexure-16 to MOS dated 4.5.2015 to enable Mittal Group to apply for renewal of license. Even as per clause 18, on application made for renewal of license in terms of clause 17, Mittal Group will secure renewal of license within 90 days and all administrative and miscellaneous charges, compounding fee, penalties and other charges levied and payable by PAL, ORS and Heritage for renewal of license shall be paid by the Mittal Group and all such charges in respect of FIPL agreement shall be exclusively paid/borne by Seth Group by similarly paying to TFIPL immediately on being demanded. 7.5 Therefore, on conjoint reading of the relevant clauses of MOS dated 4.5.2015, the liability of the Seth Group towards the license renewal fees would be with respect to the lands falling to the share of the Seth Group, i.e., 14.80 acres, and additionally, the Seth Group is also required to pay ½ of the liability of PAL, ORS and Heritage towards the license renewal fees and the Mittal Group is liable to pay the balance license renewal fees, i.e., total amount payable on account of TFIPL less the Seth Group share, including ½ of the total liability of PAL, ORS and Heritage towards the license renewal fees. The payment of the license renewal fees payable by PAL, ORS and Heritage paid by the Seth Group and the Mittal Group, as stated hereinabove, would be as advance and as and when PAL, ORS and Heritage contribute their share of the license fee, the Seth Group and the Mittal Group will be entitled to the refund of the excess license fee paid by them. As provided in clause 2, in the event of PAL, ORS and Heritage fail or neglect to pay the amounts due by them, as aforesaid, within 120 days from the date of deposit by the Seth Group, the Seth Group is authorized in its own name to initiate appropriate legal proceedings against the defaulter/s, to the extent of the amount advanced by the Seth Group along with interest. 8. Now so far as the requisite documents to be supplied by the Seth Group and the prayer on behalf of the Mittal Group in I.A. No. 96206 of 2020 directing the Seth Group to comply with the other formalities as contained in para 17 of the order dated 5.5.2015 and to furnish the requisite documents to the Maximal Infrastructure Pvt. Ltd. as entailed in the Check-List formulated by DTCP, Haryana for renewal of license, in a time bound manner, is concerned, as such, the Seth Group is required to provide documents/undertakings with respect to the lands falling to share of the Seth Group under agreement dated 15.06.2007, i.e. (i) status of construction/allotment of EWS flats, and (ii) service plan status, its drawing, estimates and its approval from HUDA, Chandigarh annexed as Annexure-16 to MOS dated 4.5.2015 to enable Mittal Group to apply for renewal of license. It is specifically mentioned in clause G (titled Renewal of License), para 17, that Seth Group does not have any further documents in this regard. It is further clarified that in case any indemnity, undertaking, letter and/or similar document is required to be executed after filing of the application for renewal of license, pertaining to the lands falling in the share of the Seth Group under agreement dated 15.06.2007, Seth Group shall do the needful at the earliest.

Decision reasoning: 0[ds]7. Having heard the learned counsel for the respective parties and considering the earlier order passed by this Court dated 24.04.2020, it cannot be disputed that as directed by this Court the Mittal Group is to renew license numbers 34, 35, and 36 of 2007 and for which the application is to be submitted by the Mittal Group – TFIPL. For the licensees to be renewed, the license renewal fee is required to be paid and only thereafter on payment of EDC by the respective groups – Seth Group and Mittal Group, as determined in the order dated 24.04.2020 and on payment of other charges due and payable under the law, the aforesaid license numbers 34, 35 and 36 of 2007 can be bifurcated. So, first of all, the renewal license fee is required to be paid.7.2 It is required to be noted that as noted in order dated 24.04.2020, the Seth Group earlier deposited a sum of Rs.1.47 crores towards the license renewal fees to DTCP, Haryana. It is also required to be noted that the aforesaid three license numbers 34, 35 and 36 of 2007 are with respect to the entire 48.03 acres of Sector 89 land, out of which the development rights of only 14.80 acres have been given to the Seth Group. Even, bifurcation of licensees shall be with respect to 14.80 acres in favour of the Seth Group and the remaining 33.23 acres in favour of the Mittal Group and othersTherefore, the liability of the Seth Group towards the license renewal fees would be to the extent of 14.80 acres of Sector 89 land only. However, it is required to be noted that as per clause 1.3 of MOS dated 4.5.2015, the Seth Group agreed to pay Rs.1,46,58,000/- to TFIPL towards license renewal fees in respect of license nos. 34, 35 and 36 of 2007 which included not only the liability of the Seth Group, but also that of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. to the extent of Rs.53,11,000/- towards license renewal fees liability.7.5 Therefore, on conjoint reading of the relevant clauses of MOS dated 4.5.2015, the liability of the Seth Group towards the license renewal fees would be with respect to the lands falling to the share of the Seth Group, i.e., 14.80 acres, and additionally, the Seth Group is also required to pay ½ of the liability of PAL, ORS and Heritage towards the license renewal fees and the Mittal Group is liable to pay the balance license renewal fees, i.e., total amount payable on account of TFIPL less the Seth Group share, including ½ of the total liability of PAL, ORS and Heritage towards the license renewal fees. The payment of the license renewal fees payable by PAL, ORS and Heritage paid by the Seth Group and the Mittal Group, as stated hereinabove, would be as advance and as and when PAL, ORS and Heritage contribute their share of the license fee, the Seth Group and the Mittal Group will be entitled to the refund of the excess license fee paid by them. As provided in clause 2, in the event of PAL, ORS and Heritage fail or neglect to pay the amounts due by them, as aforesaid, within 120 days from the date of deposit by the Seth Group, the Seth Group is authorized in its own name to initiate appropriate legal proceedings against the defaulter/s, to the extent of the amount advanced by the Seth Group along with interest.8. Now so far as the requisite documents to be supplied by the Seth Group and the prayer on behalf of the Mittal Group in I.A. No. 96206 of 2020 directing the Seth Group to comply with the other formalities as contained in para 17 of the order dated 5.5.2015 and to furnish the requisite documents to the Maximal Infrastructure Pvt. Ltd. as entailed in the Check-List formulated by DTCP, Haryana for renewal of license, in a time bound manner, is concerned, as such, the Seth Group is required to provide documents/undertakings with respect to the lands falling to share of the Seth Group under agreement dated 15.06.2007, i.e. (i) status of construction/allotment of EWS flats, and (ii) service plan status, its drawing, estimates and its approval from HUDA, Chandigarh annexed as Annexure-16 to MOS dated 4.5.2015 to enable Mittal Group to apply for renewal of license. It is specifically mentioned in clause G (titled Renewal of License), para 17, that Seth Group does not have any further documents in this regard. It is further clarified that in case any indemnity, undertaking, letter and/or similar document is required to be executed after filing of the application for renewal of license, pertaining to the lands falling in the share of the Seth Group under agreement dated 15.06.2007, Seth Group shall do the needful at the earliest.. However, it is reported that the earlier EDC Relief Policy has expired by the efflux of time and the same has been replaced by the subsequent policy dated 6.7.2020/10.08.2020,Learned counsel appearing on behalf of both the parties – Seth Group and Mittal Group have stated at the bar that they want to avail the benefit of the aforesaid one time settlement scheme, Samadhan Se Vikas, as per option 1(a) under which their liability would be to deposit 100% of the outstanding principal amount against EDC as well as 25% of the accumulated interest and penal interest, within a period of six months from the date of notification of this scheme and the balance 75% of the accumulated interest and penal interest shall be waived off. The liability of the Seth Group as well as Mittal Group (TFIPL) under the new scheme under option 1(a), as per communication dated 17.09.2020 from the office of the Directorate of Town and Country Planning, Haryana, is as under:To avail One Time Settlement Scheme, if both groups submits mutual consent and opt under option 1(a), then the payable amount is an under:-(Rs.In Lacs)Therefore, the liability of the Seth Group towards the license renewal fees would be to the extent of 14.80 acres of Sector 89 land only. However, it is required to be noted that as per clause 1.3 of MOS dated 4.5.2015, the Seth Group agreed to pay Rs.1,46,58,000/- to TFIPL towards license renewal fees in respect of license nos. 34, 35 and 36 of 2007 which included not only the liability of the Seth Group, but also that of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. to the extent of Rs.53,11,000/- towards license renewal fees liability.7.3 As mentioned in clauses1.3 and 2 of MOS dated 4.5.2015, the Mittal Group is also required to borne part of the liability of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. As mentioned in clause 2, as and when, PAL, ORS and Heritage contribute their share of the license fee and furnish their Bank Guarantee for the IDW amount, the Seth Group and Mittal Group will be entitled to the refund of the excess license fee paid by them and also for restriction of the IDW Bank Guarantee to the amounts actually due by them, by substituting/replacing the Bank Guarantees of Seth Group and Mittal Group by the Bank Guarantees of PAL, ORS and Heritage. As provided in clause 2, in the event of PAL, ORS and Heritage fail or neglect to pay the amounts due by them within 120 days from the date of deposit by the Seth Group, the Seth Group is authorized in its own name, to initiate appropriate legal proceedings against the defaulter/s, to the extent of the amount advanced by the Seth Group along with interest, and/or in respect of Bank Guarantees so furnished.Even as per clause 1.3.1, the Seth Group was required to pay the aforesaid amount of Rs.1,46,58,000/- to TFIPL in the form of demand draft drawn in favour of Directorate of Town and Country Planning, Haryana, together with the balance licensee fee made available by the Mittal Group in terms of clause 5.4. Clause 5.4 is reproduced hereinabove and as per the said clause, the Mittal Group shall pay/cause to be paid the balance license fee as well as the balance IDW Bank Guarantee (i.e. total amount payable on account of TFIPL less the Seth Group share as stated in clauses 1.3 and 1.4) to DTCP, Haryana for renewal of license nos. 34, 35, and 36 of 2007 in the name of TFIPL.7.4 Even as per Clause G – Renewal of License, the Seth Group is required to provide documents/undertakings with respect to the lands falling to share of the Seth Group under agreement dated 15.06.2007, i.e. (i) status of construction/allotment of EWS flats, and (ii) service plan status, its drawing, estimates and its approval from HUDA, Chandigarh annexed as Annexure-16 to MOS dated 4.5.2015 to enable Mittal Group to apply for renewal of license. Even as per clause 18, on application made for renewal of license in terms of clause 17, Mittal Group will secure renewal of license within 90 days and all administrative and miscellaneous charges, compounding fee, penalties and other charges levied and payable by PAL, ORS and Heritage for renewal of license shall be paid by the Mittal Group and all such charges in respect of FIPL agreement shall be exclusively paid/borne by Seth Group by similarly paying to TFIPL immediately on being demanded.The liability of the Seth Group as well as Mittal Group (TFIPL) under the new scheme under option 1(a), as per communication dated 17.09.2020 from the office of the Directorate of Town and Country Planning, Haryana, is as under:To avail One Time Settlement Scheme, if both groups submits mutual consent and opt under option 1(a), then the payable amount is an under:-(Rs.In Lacs)