HIGH COURT OF PUNJAB AND HARYANA
,
BIMLA DEVI AND OTHERS – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
/17182/2021
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-17182-2021 (O&M)
Date of Decision:26.11.2021
Bimla Devi and others
... Petitioners
Versus
State of Haryana & others
... Respondents
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
Present:-
Mr. Vikram Singh, Advocate for the petitioners.
Mr. Lokesh Sinhal, Advocate for HSVP.
...
TEJINDER SINGH DHINDSA, J. (ORAL).
Petitioners herein are members of Residents Welfare
Association Sectors 6, 7, 8, Urban Estate Jind.
The short prayer raised in the instant petition is for issuance of a
mandamus directing the respondents/HSVP to re-calculate the element of
enhanced compensation cost in view of the revised Policy dated 22.08.2019
and based thereupon raise a fresh demand and which the petitioners are
ready and willing to pay.
Learned counsel representing the petitioners invited our
attention to an order dated 25.02.2020 passed by a Coordinate Bench while
disposing of CWP-3960-2018 and which reads in the following terms:
“Petitioners have posed a challenge to the demand notice
whereby additional price is sought by the HUDA on account of
enhancement in the compensation for development of Sector 8
Part, Jind.
At the outset, learned counsel appearing for HUDA
SUNITA NAGPAL
2021.11.26 15:04
I attest to the accuracy
of this order
CWP-17182-2021 (O&M)
-2-
submits that the amount has been recalculated in view of
revised policy dated 22.08.2019. Ipso facto the demand notice
already issued would stand withdrawn.
In view of statement made by learned counsel for HUDA,
no cause of action survives in this petition. Same is hereby
disposed of.
Needless to observe that the petitioners shall be at liberty
to file afresh in case any grouse subsists after de novo exercise
is completed by the HUDA.”
Mr. Lokesh Sinhal, learned counsel representing
respondents/HSVP very fairly admits that even though the exercise of re-
calculations in terms of Policy dated 22.08.2019 for Sectors 6, 7, 8 and 9
part, Urban Estate, Jind has been carried out and a demand notice based
thereupon has been issued, yet the calculation sheet in respect thereof has
not been furnished to the petitioners.
He further submits that the calculation sheet would also be
furnished to the petitioners within a period of two weeks from today.
In the light of such categoric stand taken on behalf of the
respondents/HSVP, no further directions are required to be passed.
Writ petition is disposed of.
(TEJINDER SINGH DHINDSA)
JUDGE
(VINOD S. BHARDWAJ)
26.11.2021
JUDGE
harjeet
i) Whether speaking/reasoned?
Yes/No
ii) Whether reportable?
Yes/No
SUNITA NAGPAL
2021.11.26 15:04
I attest to the accuracy
of this order