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2023 Supreme(P&H) 2214

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Vishranti City Residents Welfare Society – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP-14927 of 2015(O&M)
Decided On : 16-12-2023

Advocates Appeared:
Mr. R.S. Kalra, Advocate; For the Petitioner in CWP-14927-2015.
Mr. Arun Bansal, Advocate and Mr. Anubhav Bansal, Advocate; For the Petitioner in CWP-73-2016.
Mr. Anand Chibber, Sr. Advocate with Mr. Surjeet Bhadu, Advocate and Mr. Veer Singh, Advocate and Ms. Srishti Verma, Advocate and Mr. Agam Bansal, Advocate; For the Petitioner in CWP-4396-2016 and for Respondent No. 6 in CWP-14927-2015.
None; For the Appellant in RA-CW-39-2013.
Ms. Monika Jalota, Sr. DAG, Punjab and Mr. Maninder Singh, DAG, Punjab.
Mr. Vikramjit Kaur Soni, Advocate for Mr. Sanjeev Soni, Advocate for Respondent No. 2-GMADA.
Mr. Vikas Chatrath, Advocate for Respondent No. 5 in CWP-14927-2015.
Mr. G.S. Attariwala, Senior Advocate with Mr. Vansh Chawla, Advocate for Respondent No. 4-M.C., Zirakpur in all cases.
Mr. Arvind Thakur, Advocate for Respondent No. 7 in CWP-14927-2015.
Mr. Aman Bansal, Advocate for Respondent No. 12 in CWP-14927-2015.
Ms. Sukhvir Gill, Advocate for Dr. Surya Parkash, Advocate for Respondents No. 8 and 9.
Mr. Vivek Suri, Advocate and Mr. Vishal Jassal, Advocate for applicant in CM-20653-

The court mandated that the developer must complete outstanding works and provide electricity at domestic rates, emphasizing statutory obligations under the PAPRA Act.

Headnote:(A) Punjab Apartment and Property Regulation Act, 1995 - Section 5 - Writ petitions seeking mandamus for electricity connection - Petitioners alleged breach of promises by developer regarding amenities - Developer's license revoked for non-compliance - Court directed regularization of colony and provision of domestic electricity tariff. (Paras 5, 15, 37)

(B) Developer's liability - Statutory obligations under PAPRA Act for external and internal development works - Court emphasized the necessity of compliance to ensure basic amenities for residents. (Paras 14, 20, 28)

Facts of the case:
The petitioner society sought electricity connections due to the developer's failure to provide promised amenities after selling plots in an approved colony, leading to the revocation of the developer's license.

Findings of Court:
The court directed the completion of outstanding developmental works and mandated the provision of electricity at domestic rates to residents.

Issues: The main issues included the liability of the developer for development charges, the regularization of the colony, and the legitimacy of commercial tariffs for electricity.

Ratio Decidendi: The court ruled that the developer's breach of statutory obligations under the PAPRA Act justified the revocation of the license and mandated the provision of basic amenities to residents, including electricity at domestic rates.

Result: Writ petitions disposed of with directions for compliance.

JUDGMENT

Mr. Sureshwar Thakur, J.

Since the issues involved in all the above writ petitions are similar, therefore, the same are taken up together for decision.

2. Vishranti City Residents Welfare Society (RAW), has knocked the door of this Court seeking the making of a mandamus, upon, the official respondents No.1 to 5 thus for providing electricity connection, to the society, in view of the order dated 28.4.2015 (Annexure P-3) passed by respondent No.3.

3. These petitions are pending since 2015 and various interlocutory orders were passed during the pendency of the instant petitions, which were also assailed before the Hon'ble Supreme Court, therefore, to give quietus to the instant issue, it is imperative for this Court to deal with the facts in detail.

4. In the present case, vide order dated 8.10.2012, the licence for development was granted to respondent No.6, by respondent No.3, rather for development of Vishranti City, in the Municipal Committee limits of Zirakpur, vis-a-vis, a total area of 24.50 acres. The licence was valid w.e.f. 8.10.2012 to 7.10.2015. Thereafter, the developer-respondent No.6 carved about 800 plots from the above licensed lands. The members of the petitioner(s)-Society purchased the plots in that colony, which in fact, then was an approved colony.

5. The licence to develop the colony was granted in view of the provisions of Section 5 of the Punjab Apartment and Property Regulation Act, 1995 (hereinafter referred to as 'the PAPRA Act'). It was alleged by the petitioner(s) that at the time of publishing an advertisement, the promoter(s) made promise(s) therein that, it/they would provide the facilities of one underground sewerage, water tank supply, street lights, boundary walls, 24 hours security, park facilities etc. However, the said promise(s) became breached, inasmuch as, after selling the plots to the alienees concerned, no internal or external activities were carried out by respondent No.6-developer, thus leading the petitioner(s) to approach this Court, through its/theirs filing CWP No.15273 of 2014, thus for issuance of a mandamus upon the authority concerned, to provide the electricity connections vis-a-vis their respective households. The above writ petition was disposed of by a Co-ordinate Division Bench of this Court vide order dated 18.12.2014 with a direction to the authority concerned, to consider the application, as filed by the members of the society, for providing electricity connections, in accordance with law, through passing a speaking order but within a period of 3 months. The matter was considered by the authority concerned i.e. respondent No.5- PSPCL and during the hearing of the matter, the developer did not cause an appearance, and, finally the matter was disposed of vide order dated 14.3.2015, by observing that as soon as, the developer or the Deputy Director, Local Government, fulfills the conditions laid down in the final NOC issued by the PSPCL on 25.3.2014, thus the Corporation will proceed further in releasing the electricity connections (emphasis supplied). Similarly, the Regional Deputy Director, Local Bodies Department-cum-competent authority, Patiala/respondent No.3 in compliance of the directions issued by a Co-ordinate Bench of this Court, also considered the matter. During proceedings before the authority (supra), the developer did not cause appearance, which led the authority concerned, to pass the order dated 28.4.2015, thus with the hereinafter extracted directions being carried thereins:-

    "A. That the promoter i.e. Sai Apartments have violated the terms and conditions envisaged of the license and not provided the electric connection and other amenities in the colony as per the Punjab Apartment and Property Regulations Act 1995 and did not appear in this office despite the notices and public notice in the newspaper. Therefore the license to this company vide its office memo No. LDC/CA-DDLG/PTA-2012/106 dated 08/10/2012 is hereby cancelled as per Section 5 (12

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