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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Faith Buildtech Private Limited – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant petition, the petitioner espouses for the according of the hereinafter extracted reliefs-
(i) For setting aside the notification dated 24.7.2020 (Annexure P-12), wherebys the Haryana Development and Regulation of Urban Area Rules, 1976 (for short the Rules of 1976), became amended by way of inserting Rule 17-B and renaming the aforesaid rules as Haryana Development and Regulation of Urban Areas (Amendment) Rules, 2020.
(ii) For amendment/modification of the policy dated 20.10.2020 (Annexure P-13) and for quashing of the order dated 27.8.2021 (Annexure P-4), framed/passed by respondent No. 4, wherebys the licence holders, have been forced to transfer 4.40 acres of land in favour of respondent No. 4 in lieu of surrender of licence Nos. 45 and 90 of 2014.
(iii) For modification of the order dated 31.12.2021 (Annexure P-10), passed by respondent No. 3, wherebys the request of the petitioner for seeking surrender of Licence No. 45 dated 16.6.2014 has been accepted but only after the compliance of the condition of transfer of land measuring 0.6625 acres in favour of respondent No. 3 through a gift deed No. 4840 of 19.10.2021 (Annexure P-16)
The court ruled that unilateral re-demands for fees post-license surrender constituted unjust enrichment and were not legally enforceable, affirming the integrity of contractual agreements.
The main legal point established in the judgment is that the authority to levy development charges must be in existence at the time of granting permission, and the recovery of the amount of premium o....
Development charges for nazul land must be assessed and determined at the time of granting permission, and any subsequent demand based on later government resolutions is not legally valid.
The court mandated that the developer must complete outstanding works and provide electricity at domestic rates, emphasizing statutory obligations under the PAPRA Act.
Entitlement to Transferable Development Rights (TDR) arises only upon land surrender, not application submission, as per the Maharashtra Regional and Town Planning Act.
A municipal authority must substantiate its claims for outstanding license fees against documented payment history, and interest charges should only be levied under prescribed policies and upon valid....
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