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2025 Supreme(P&H) 1053

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI, JJ.
M/s Power Grid Corporation Of India Ltd. - Appellant
Vs.
Haryana Shehri Vikas Pradhikaran And Others - Respondent
CWP-27854-2019
Decided On : 03-04-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Akshay Bhan, Senior Advocate assisted by Mr. Aman Bansal, Advocate
For the Respondent:Mr. Deepak Sabherwal, Advocate

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) for 5 years be counted from the date of final judgment/order or No dues Certificate provided by respondents whichever is later.

IV) Issuance of a writ in nature of mandamus directing the respondents to treat the period from 2011 till the disposal of this writ petition or No dues Certificate provided by HSVP whichever is later as zero period for the calculation of extension fees as the respondents failed to communicate the extension fees timely despite repeated requests from the petitioner corporation.

FACTS OF THE CASE

2. The brief facts of the case are that on 13.03.1996, the Chief Administrator, HUDA (now HSVP) issued a letter of intent for the allotment of 10,000 sq. meter of land to the petitioner in Sector 48, Faridabad. On 24.11.1998, the Estate Officer, HUDA Faridabad, informed the petitioner that a site measuring 10,000 sq. meter, has been approved now in Sector 21-D Faridabad, in lieu of the land earlier offered to the organization in Sector 48. On 04.01.1999, Assistant Town Planner, Estate Office, Faridabad issued a "possession certificate" to the petitioner.

3. While the aforesaid land was for the purposes of building staff- quarters in the form of group housing, but on 04.06.1997, the petitioner was also allotted 3,000 sq. meter of land in Sector 48, Faridabad for its office. On 18.11.1999, another chunk of 6 Bay site was allotted to the petitioner in Sector 16A, Faridabad, thus for the construction of office complex. On 21.01.2000, "possession certificate" became issued to the petitioner in respect of the land at Sector 16-A by Assistant Engineer, Estate Office. On 02.06.2009, the Chief Administrator allowed an extension of 2 years, to the petitioner for completing the project at Sector 21-D, relating to the construction of staff quarters in the form of Group Housing. It was further noted, that "extension fees for additional 2 years shall be charged at double the rate of extension fees applicable for the last year of extension (i.e. 10th year from the date of offer of possession)". The same stands deposited by the petitioner.

4. On 04.08.2005, the Estate Officer, HUDA Faridabad, issued a show cause notice under Section 17(3) of the Haryana Urban Development Authority Act, 1977 ("the Act of 1977") in relation to the allotment at Sector 16-A. On 23.08.2005, the petitioner responded to the above notice and pointed out, that it is a "government organization, thus shouldering the responsibility to transmit electricity all over the country. Moreover, it was also contended that they also have to follow certain rules/ procedures & are to seek approval from the competent authorities at various levels. In addition it was assured that the petitioner company is going to very shortly thus construct the office complex allotted to it at Sector 16-A". Accord

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