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2010 Supreme(SC) 1109

B.SUDERSHAN REDDY, S.S.NIJJAR
DLF Universal Ltd. – Appellant
Versus
Director, T. & C. Planning Haryana – Respondent


Advocates Appeared: For the Appearing Parties :S. Ganesh, Harish Malhotra, Uday U. Lalit, Sr. Advocates, Pravin Bahadur, Ms. Kanika Gomber, Ms. Rajeshwari Shukla, Ms. Mallika Joshi, Rajan Narain, Ms. Rohina Nath, Ms. Priyadeep, Umesh Kumar Khaitan, Chanchal Kumar Ganguli, M.K. Michael, Sudarsh Menon, Jitender Choudhary, Ms. Shila chohan, Rajesh Singh, Kamal Mohan Gupta, C.S. Ashri, Sanjeev Anand, Manoj Swarup, Vinay Kumar Garg, Ms. Madhu Tewatia, Ms. Sidhi Arora, Advocates.

Judgment :-

B. SUDERSHAN REDDY, J .

These appeals are directed against the orders of Punjab and Haryana High Court dismissing the Writ Petitions filed by the appellants herein challenging the impugned order dated 05.05.1999 passed by the Director, Town and Country Planning, Chandigarh, Haryana. The High Court upheld the validity of the impugned memo and accordingly dismissed the Writ Petitions. The same is challenged in these appeals on various grounds.

2. We have heard the learned senior counsel Shri Harish Salve, Shri S. Ganesh, Shri Harish Malhotra and the learned counsel Shri Rajiv Vermani for the appellants and Shri U.U. Lalit, learned senior counsel for the respondents. We have also heard the learned counsel appearing on behalf of the interveners-applicants.

3. The central question that arises for our consideration in this group of appeals is whether the Director, Town and Country Planning, is empowered to pass the impugned order? Whether the impugned order is ultra vires?

4. By the impugned memo the Director had purported to give the following directions:

(a) the provision in the agreement between the appellant and the plot/flat buyers regarding extension fee and maintenance fee




























































































































































































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