G.S.Singhvi, J.

1. These two petitions are inter-related and, therefore, we are disposing them by a common order. In the petition filed by Gulmohar Estate Ltd., prayer has been made to quash order dated 20.1.1995 passed by the Director, Town and Country Planning, Haryana and also for restraining respondent No. 2 from taking any action pursuant to the impugned order. In the writ petition filed by the Garden Estate Residents Welfare Association, the petitioner has prayed for issuance of a mandamus directing respondent No. 2 to comply with the provisions of Section 8 of the Haryana Development and Regulation of Urban Areas Act, 1975 and the provisions of the Haryana Apartments Ownership Act, 1983 as well as Article 3 of the agreement entered into between respondents 2 and 3. It has also been prayed that respondent No. 2 be directed to take over the colony and to complete the external and internal works within a period of three months and to provide amenities in the colony at the cost of the residents and/or to transfer this responsibility to the petitioner association. A prayer has also been made to register the sale deeds in the names of the residents who have paid full and final consideration money.

2. Keeping in view the complex nature of the dispute raised by the petitioners, it is necessary to set out some facts from both the petitions.C.W.P. No. 2890 of 1995

3. Petitioner-Gulmohar Estates is a public limited company incorporated under the Companies Act, 1956 with one of its objects as construction and development of property. On the basis of an application made by it, the petitioner was granted a licence on 24.6.1985 under 1975 Act for setting up group-housing colony in District Gurgaon. The licence was valid upto 23.6.1987. In terms of the licence, the petitioner was required to pay the amount specified therein and also to comply with other conditions of the licence. It appears that the petitioner did not comply with the terms of the licence. Therefore, notice dated 22.8.1986 was issued to the petitioner by respondent No. 2 Under Section 8 of 1975 Act to show cause as to why the licence be not cancelled. The petitioner filed its reply to the show cause notice. At the same time an affidavit was filed by the petitioner expressing its willingness to pay external development charges at the revised rates which may be determined by the respondent No. 2 and also to pay interest for the deferred payment and penal interest to be determined by respondent No. 2. The representative of the petitioner also agreed to execute revised agreement incorporaiing the conditions mentioned in the affidavit. After considering this affidavit, the respondent No. 2 passed order dated 4.6.1987 dropping the proceedings subject to the fulfilment of the conditions specified therein.

4. After issue of the order dated 4.6.1987, the petitioner undertook construction of the group-housing colony. On 29.11.1989, respondent No. 2 wrote a letter to the petitioner squiring it to deposit the revised external development charges at the rate of Rs. 22.06 lacs per gross acre. It was also directed to execute an agreement on non-judicial stamp paper incorporating the above rate and schedule of payment within a period of 30 days. On the basis of partial completion of the colony, the petitioner applied for issue of a partial/provisional completion certificate. After considering this application, respondent No. 2 issued order dated 5.6.1991 and granted partial/provisional completion certificate subject to the conditions enumerated in that letter including the one requiring payment of external development charges. The petitioner did not pay external development charges as required by order dated 4.6.1987 read with letters dated 2.11.1989 and 5.6.1991* but wrote letter Annexure P11 to the respondent No. 2 requesting him to grant extension of time in the payment of instalments upto December, 1991. The respondent No. 2 did not feel convinced with the genuineness of th