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M/S. AMARPREET ENTERPRISES PVT.LTD versus HARYANA STATE INDUSTRIAL DEV.

High Court of Punjab and Haryana, Chandigarh

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M/s. Amarpreet Enterprises Pvt.Ltd v. Haryana State Industrial Dev. - CWP-10647-2005 [2006] RD-P&H 3831 (7 July 2006)

Civil Writ Petition No.10647 of 2005 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

C.W.P. No.10647 of 2005

Date of decision: July 11,2006

M/s. Amarpreet Enterprises Pvt.Ltd V. Haryana State Industrial Dev.

Corporation and others

CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S.BHALLA

Present: Ms. N.P.K.Singh, Advocate, for the petitioner.

Shri Rajesh Hooda,Advocate, for Shri Kamal Sehgal,Advocate, for respondents No.1 and 2.

Shri R.K.Handa, Advocate, for respondent No.3.

Viney Mittal,J.(Oral)

The petitioner-Company has approached this court for issuance of a direction to HSIDC, respondent No.1, to either hand over the vacant physical possession of plot No. 111, Phase I, Udyog Vihar, Dundahera, Gurgaon measuring 5427 sq. meters or in the alternative to allot as well as handover the vacant physical possession of a similar size site/vacant land in Phase I to V Udyog Vihar, Dundahera, Gurgaon. It has been claimed by the petitioner-company that the above said plot was allotted to it by the respondent-Corporation at the tentative price of Rs.1,55,754.90 vide allotment letter dated July 29,1977. The possession of the aforesaid plot was also handed over to the petitioner on September 24,1977. It has been claimed by the petitioner-company that it commenced construction on the said plot in 1981 but was interrupted and had to stop the construction by the residents of village Dundahera,Gurgaon as it was maintained that the aforesaid site was in fact a site for the cremation ground of the village. It appears that thereafter the petitioner-company has been making repeated representations to the Corporation to either allot the alternative plot to the petitioner-Company or in the alternative to allot as well as handover the vacant physical possession of a similar size site/vacant land and permit it to raise construction.

From the perusal of the record it appears that various representations made by the petitioner-company still remain unresponded.

Civil Writ Petition No.10647 of 2005 2

In these circumstances, without going into the merits of the controversy, at this stage, we dispose of the present petition with a direction to the Senior Manager, HSIDC, Gurgaon to take a final decision on the aforesaid representation/claim made by the petitioner-company within four months from the date a certified copy of this order is received by passing a detailed speaking order.

A copy of the order be given dasti on usual charges.

(Viney Mittal )

Judge

July 11, 2006 ( H.S. Bhalla )

sks Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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