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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
J Anta Land Promoters Pvt. Ltd. – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner herein seeks quashing of the impugned demand notice dated 18.03.2014 (Annexure P-25), order dated 07.10.2014 (Annexure P-40), demand notice dated 29.10.2014 (Annexure P-43), demand notice dated 01.04.2016 (Annexure P-46) alongwith the subsequent respectively issued letters/orders dated 01.04.2016 (Annexure P-47) and (Annexure P-48) and notice dated 11.07.2016 (Annexure P-54).
2. The afore demand notice appertains towards levy of EDC, License Fee, UDF and SIF charges in respect of the Additional Area of 93.35 acres of land added by the petitioner to their already approved 300 acres Mixed Used Mega Industrial Park Project in Sectors 82 and 90-91, SAS Nagar, Mohali.
3. Further, the petitioner prays for the passing of a mandamus upon the respondents for issuing refund of the amount deposited by the petitioner alongwith its letter dated 05.04.2016 (Annexure P-49) to the extent, that the same pertains to the subject project;
4. In addition, the petitioner prays for the passing of directions, upon the respondents for granting exemption from payment of stamp duty in respect of first sale of plots in the entire pro
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
The court ruled that failure to comply with the terms of a MoU negates any enforceable rights, leading to the dismissal of the writ petition.
The court ruled that disputed questions of fact regarding land area and project delays are not suitable for Writ jurisdiction, emphasizing the need for timely completion of slum rehabilitation projec....
Exemption from land ceiling limits under the Kerala Land Reforms Act is essential for the establishment of Private Industrial Parks, and conditions imposed by the government must align with establish....
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.
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