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M/S DLF UNIVERSAL LIMITED versus THE STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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M/s DLF Universal Limited v. The State of Haryana & Ors - CWP-10407-2006 [2006] RD-P&H 4124 (14 July 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10407 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

PRESENT: Shri Ashwani K.Chopra, Senior Advocate with Shri Aashish Chopra, Advocate for the petitioner.

Viney Mittal,J.(Oral).

This order shall dispose of a bunch of cases as the petitioner in all the cases have raised identical controversy.

The facts are borrowed from CWP No.10407 of 2006.

The petitioner company has approached this Court challenging a demand raised by the respondents vide memo dated April 28, 2006, Annexure P.3. It has been maintained by the petitioner company that the aforesaid demand raised by the respondents was totally contrary to the provisions of Haryana Urban Development Authority Act, 1975 and the rules and regulations framed thereunder. The petitioner company has also additionally made a challenge to the bilateral agreement dated June 19,2001, which has been appended as Annexure P.4 with the present petition.

A specific challenge has been made to Clause 1 (iii) of the aforesaid bilateral agreement. The said challenge has been made again on the ground that the aforesaid bilateral agreement was not covered under any provisions of the Act, Rules and Regulations and in any case was unconscionable and unfair.

The petitioner company has further pleaded that the amount of the aforesaid charges levied against the petitioner should have been on the basis of principle of quid-pro-quo and since no services had been provided to the petitioner company, therefore, the said charges could not have been levied/recovered from the petitioner company, especially, when the petitioner company had already deposited the requisite service charges as per 3-A of the Act. Various other pleas have also been raised by the petitioner company while raising the challenge to the aforesaid recovery.

After arguing the case for some time, Shri Ashwani K.

Chopra, the learned senior counsel appearing for the petitioner company states that the petitioner company be permitted to withdraw the present petition with a liberty to the petitioner company to approach the competent authority at the first instance by raising all the pleas which are available to the petitioner company.

In view of the aforesaid stand taken by the learned senior counsel appearing for the petitioner company, we dispose of the present petition as withdrawn with a liberty to the petitioner company to approach the competent authority by raising the pleas which have been raised by it before this Court in the present petition.

For this purpose, the petitioner company would be required to file a detailed and comprehensive representation before the

Director, Town & Country Planning, Haryana, respondent No.2 within a period of three months from the date a certified copy of this order is received. Alongwith the aforesaid representation, the petitioner company shall also be required to annex all the necessary documents. On receipt of the aforesaid representation, the Director, Town & Country Planning, Haryana, respondent No.2shall take a final decision thereupon within a period of three months, by passing a detailed and speaking order and after affording an opportunity of hearing to an authorised representative of the petitioner company.

We further direct that till the final decision is taken by the respondent No.2, no coercive process to recover the impugned charges shall be initiated against the petitioner company.

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

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10408 of 2006

DATE OF DECISION:July 14,2006

M/s Nilgiri Cultivations Private Limited ....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10409 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10410 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10411 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Housing & Construction Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10412 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 (M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10413 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10414 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10415 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10416 of 2006

DATE OF DECISION:July 14,2006

M/s DLF Universal Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10417 of 2006

DATE OF DECISION:July 14,2006

M/s Uddar Gagan Properties Private Limited.

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10418 of 2006

DATE OF DECISION:July 14,2006

M/s Uddar Gagan Properties Private Limited.

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10419 of 2006

DATE OF DECISION:July 14,2006

M/s Uddar Gagan Properties Private Limited.

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10420 of 2006

DATE OF DECISION:July 14,2006

M/s Uddar Gagan Properties Private Limited.

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10421 of 2006

DATE OF DECISION:July 14,2006

M/s Unitech Limited and another

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

s

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10422 of 2006

DATE OF DECISION:July 14,2006

M/s Unitech Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.10423 of 2006

DATE OF DECISION:July 14,2006

M/s Unitech Limited

....Petitioner

VERSUS

The State of Haryana and others

.....Respondents

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

Viney Mittal,J.(Oral).

For orders see CWP No.10407 of 2006 ( M/s DLF Universal Limited v. The State of Haryana and others), decided on July 14, 2006.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD 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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