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2001 Supreme(P&H) 666

JAWAHAR LAL GUPTA, K.S.GAREWAL
D. L. F. Qutab Enclave Complex Educational Charitable Trust – Appellant
Versus
State Of Haryana – Respondent


Judgment

JAWHAR LAL GUPTA, J.

1. Pure charity or consuming avarise? Is the petitioner truly a Trust working to promote the cause of education? Or is it merely a duplicate of the respondent colonizer created to fiddle with the figures and collect funds? Do the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 and the Rules permit the licensee to transfer the sites without the permission of the Government? And are the restrictions imposed by the authorities through various circulars arbitrary, illegal and unfair? This is the core of the whole controversy.

2. The "DLF Qutab Enclave Complex Educational Charitable Trust" is the petitioner. M/s. DLF Universal Limited - a Public Limited Company (respondent No. 3) is the licensee under the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to as the Act). The petitioner-Trust is the progeny of the respondent-licensee. It alleges that the State Government and the Director, Town and Country Planning, Haryana have arbitrarily refused to recognise "the fourth party interests created in the community sites of the DLF Qutab Enclave Complex. . . . . . by means of Agreemen




















































































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