S.S.SANDHAWALIA, BASANTI DEVI, S.KULWANT SINGH
H. U. D. A. GURGAON – Appellant
Versus
REKHA SINGH – Respondent
Mr. Justice S.S. Sandhawalia, President — Whether the levy or the quantum of the extension fee (pertaining to construction on buildings sites) by the Haryana Urban Development Authority is lawful and justified? This the solitary but very significant question in this appeal.
2. The respondent Smt. Rekha Singh transfree had purchased house No. 1059/4, in the Urban Estate of Gurgaon, patenly from its original allottee. It was her case that on the date of the allotment to her one room set with boundary wall and some foundation upto plinth level were already on the site. The further allegation was that the said site had been assessed to house tax for the year 1989-90 in the Municipal records and in terms, it was claimed that there was no need for granting any extension in time or levy fee with regard to the default in raising construction within the specified time. It was the case that the demand raised against her by the appellant vide letter dated 14th of February, 1992 for Rs. 11,970/- was illegal and uncalled for. It was conceded that the occupation certificate for the construction had never been obtained and applied for later because she was living in Delhi and the further clai
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