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2015 Supreme(P&H) 135

SURYA KANT, LISA GILL
DLF Limited – Appellant
Versus
State of Haryana – Respondent


Present:- Shri Ashok Aggarwal and Shri Chetan Mittal, Senior Advocates with Mr. Rajeev Anand, Advocate, for DLF Limited.
Mr. M.L. Sarin, Senior Advocate with Messers Adarsh Jain and Nitin Sarin, Advocates for Ansal Properties.
Dr. Ashwani Kumar, Senior Advocate with Mr. S.S. Pattar, Sr. DAG, Haryana and Ms. Sangeeta Bharti & Ms. Stuti Tandon Advocates, for the respondents.
Mr. D.V. Sharma, Sr. Advocate with Ms. Akshita Chauhan, Advocate, for HUDA.

JUDGMENT

Mr. Surya Kant, J.: - DLF Limited and its associate Companies [for short ‘DLF’] and Ansal Properties and Infrastructure Limited [for short ‘Ansal’] through their respective writ petitions have laid challenge to the constitutionality of Haryana Development and Regulation of Urban Areas [Amendment and Validation] Act, 2012 [Haryana Act No. 4 of 2012]. Ansal has further sought a direction for the refund of Rs.983.74 lacs along with interest @18% per annum from 21st July, 2000 besides seeking quashing of the demand notice-cum-letter dated 05th March, 2013. DLF also seeks a writ of prohibition to restrain the respondents from claiming or recovering Internal Community Building Charges as well as a direction for the adjustment and refund of the amount deposited towards ICB charges along with interest @18% per annum.

2. The genesis of the reliefs sought by the petitioners lies in an inter-parties judgment of the Hon’ble Supreme Court between the Ansal and State of Haryana and its authorities which is reported as Ansal Properties and Investment Limited Versus State of Haryana & Ors., [2009(3) Law Herald (SC) 2133] : 2009[3] SCC, 553.

3. Before adverting to the core questions arisin



























































































































































































































































































































































































































































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