PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Power Grid Corporation Of India Ltd. – Appellant
Versus
Haryana Shehri Vikas Pradhikaran – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner has prayed for the hereinafter reliefs:
I) Issuance of writ in the nature of certiorari for setting aside the impugned letter dated 30.05.2017 (Annexure P-43) whereby illegal demand of Rs.93.12 Cr has been raised by respondents vide letter 30.05.2017 towards enhancement, extension fees and service tax;
II) Issuance of a writ in nature of mandamus directing the respondents to grant No Dues Certificate to the petitioner corporation being zero liability as admittedly entire amount demanded by the respondents in compliance of order dated 27.01.2016 (Annexure P-37) passed by ACS (Government of Haryana) in pursuant to order dated 14.09.2015 (P-36) passed by this Hon'ble Court in CWP 17911 of 2015 has been deposited by the petitioner but due to malafide on the part of respondents the petitioner corporation which is a Central Government Undertaking is suffering without any fault and not able to take up the construction of the residential quarter for staff of petitioner Corporation.
III) Issuance of a writ in nature of mandamus directing the respondents to consider approval of building plan dated 20.12.2017 (P-46)
Expired building permission allows application for extension or fresh sanction under Section 251; prepaid construction fee must be adjusted without forfeiture as unutilized fee lacks quid pro quo.
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