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2017 Supreme(P&H) 2477
IN THE HIGH COURT OF PUNJAB AND HARYANA
RAKESH KUMAR JAIN, J.
M/s Trif Amritsar Projects Ltd. – Appellant
Vs.
State of Punjab – Respondent
CWP No. 22265 of 2015(O&M)
Decided On : 24-03-2017
For the Petitioner: Ashwani Kumar Chopra, Ms. Rupa Pathania
For the Respondents: Suresh Singla, Rupinder S. Khosla, Ms. Ishrat Phulka
The judgment establishes the importance of complying with the prescribed procedures for completion of construction and obtaining occupancy certificates under the relevant building rules.
Headnote:
PUDA - Writ Petition - Punjab Regional and Town Planning and Development Act, 1995, Section 43(2) and 180(2)(i) - Punjab Urban Planning and Development Authority(Building) Rules, 1996 - The judgment discusses the completion of construction within the prescribed period, issuance of occupancy certificate, and the legality of the demand notice issued by PUDA. It highlights the requirements for completion of construction, submission of building plans, and the process for obtaining occupancy certificate.
Fact of the Case:
The petitioner was allotted a retail site by PUDA and was required to complete construction within three years. The petitioner claimed to have completed the construction and requested an occupancy certificate, but PUDA issued a demand notice for non-construction fee.
Finding of the Court:
The court found that the petitioner had completed the construction as per the sanctioned building plans and had followed the required procedures for obtaining an occupancy certificate. The demand notice issued by PUDA was deemed illegal, and the court directed PUDA to refund the deposited amount with interest.
Issues: The main issue was whether the petitioner had completed the construction within the prescribed period and fulfilled the requirements for obtaining an occupancy certificate.
Ratio Decidendi: The court emphasized that once the construction is completed, the petitioner is only required to inform PUDA using the prescribed form, along with the necessary certificates. The court also highlighted the fallacy in PUDA's approach regarding the occupancy certificate.
Final Decision: The petition was allowed, and the impugned orders were set aside. PUDA was directed to refund the deposited amount with interest to the petitioner.
Rakesh Kumar Jain, J.
This petition is filed for seeking a writ in the nature of certiorari to quash the demand notice dated 3.10.2012 and 12.12.2012 issued by the Punjab Urban Planning and Development Authority (for short, 'PUDA') by which the petitioner has been asked to pay a sum of Rs. 3,72,77,203/- on account of non-construction of the building within the prescribed period.
2. In short, the petitioner was allotted a Retail site(C-4) by the PUDA at Amritsar in an auction held on 26.8.2008 measuring 26791.20 Sq. Yds. for an amount of Rs. 1,79,50,10,400/-. The relevant conditions in the allotment letter in regard to possession and ownership, construction of building and extension fee are as under:-
"4. POSSESSION AND OWNERSHIP:-
(i) The possession of the site will be given within 90(ninety) days from the date of issue of allotment letter. In case the allottee fails to take possession of the site within the stipulated period. It shall be deemed to have been handed over on the due date. The allottee shall be allowed to undertake construction after the possession of site is given subject to the sanction of building plans by PUDA.
5. CONSTRUCTION OF BUILDING:-
(i) The allottee will have to complete the construction on the plot within three years from the date of issue of allotment letter after getting the proposed building plans approved by the Competent Authority of PUDA in accordance with the building byelaws and policy framed by Punjab Urban Planning Dev. Authority from time to time in this regard.
(ii) Construction shall be carried out as per sanctioned building plans and as per the provisions of PUDA(Building) Rules, 1996 as amended from time to time.
(iii) Any construction carried out in violation of sanctioned Building plan/Building Rules shall be deal as per policy laid down in this regard from time to time.
(iv) Before occupying the building allottee would be required to obtain completion certificate/occupation certificate from the Estate Officer, PUDA, Amritsar.
7. EXTENSION FEE:-
(i) If the construction on the plot is not completed within the time extension in construction period would be granted subject to payment of extension fee as may be determined from time to time. However, extension in period of completion of building shall be subject to the satisfaction of the Estate Officer that the failure to complete the building within stipulated period was due to a cause beyond the control of allottee.
(ii) to (xxi) ------xxxxx----
(xxii) Before occupying the building allottee would be required to obtain completion/occupation certificate from the Estate Officer, Amritsar.
(xxiii) ----xxxxx----
(xxiv) -----xxxxx----
(xxv) The bidder shall not subdivide or fragment the site unless he obtains license from the Competent Authority under Punjab Apartment and Property Regulation Act, 1995. In case of sale and transfer of apartment, if any, the same shall be governed by the Punjab Apartment Property Act, 1995 and Punjab apartment Ownership Act, 1995 and the rules and regulations made there under from time to time. The construction shall be regulate by the Zoning Plan and PUDA Building Rules 1996 as amended from time to time. All benefits of a Mega Project would be extended to the purchaser."
According to clause 5(i) of the allotment letter, the petitioner was to complete the construction of the plot within a period of three years from the date of issuance of allotment letter after getting the proposed building plans approved by the Competent Authority of PUDA in accordance with the byelaws and policy framed by PUDA from time to time. The allotment letter was issued on 18.12.2008 and petitioner applied for possession on 28.01.2009 which was delivered on 22.04.2009. The petitioner submitted the building plan to PUDA on 18.05.2009 but the Estate officer, PUDA, Amritsar vide its letter No.1186 dated 26.05.2009 asked the petitioner to get the concept plan approved from the office of Addl. Chief Administrator, PUDA, Amritsar. Thereafter, vide
