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2006 Supreme(SC) 190

B.N.AGARWAL, A.K.MATHUR
Municipal Corporation ChandigarhEtc. – Appellant
Versus
Shantikunj Investment Pvt. LTD. Etc. – Respondent


Judgment

A.K. Mathur, J.—Leave granted.

2. All these petitions involve common question of law, therefore, these are taken up together for disposal by the common judgment.

3. In all these petitions, there are two class of petitions, one filed by the private parties/individuals against the Division Bench judgment of the Punjab & Haryana High Court whereby the Division Bench has not given any relief following its judgment passed in CWP No. 13695 of 2001 dated 18.2.2002 [M/s. D.L.G. Builders Private Limited vs. The Advisor to the Administrator, Chandigarh Administration & Ors.]. The relevant portion of that judgment reads as under :

"In our considered view, the allottee is bound to pay the premium and other charges in accordance with the conditions of allotment. If the judgment of M/s. Shanti Kunj Investments Pvt. Ltd. (supra) is read as laying down a proposition that the allottee is not obliged to pay the balance of premium even after raising construction of the building and occupying it on the pretext that beautification of the site has not been done or land-scaping has not been provided or payment of the tiles has not been done, extremely anomalous consequences would follow inasmuch as,

































































































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