Sector 19 Huda Residents Welfare Association Sirsa Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1063987
CourtPunjab and Haryana High Court
Decided OnJul-22-2013
AppellantSector 19 Huda Residents Welfare Association Sirsa
RespondentState of Haryana and Others
Excerpt:
in the high court of punjab and haryana at chandigarh cwp no.15446 of 2013 sector 19 huda residents welfare association, sirs....petitioner versus state of haryana and others ....respondents cwp no.15478 of 2013 residents welfare association, sirs....petitioner versus state of haryana and others ....respondents date of decision :22. 07.2013 coram :- hon'ble mr.justice satish kumar mittal hon'ble mr.justice mahavir s. chauhan present: mr.sandeep punchhi, advocate, for the petitioner. *** satish kumar mittal, j. ( oral ) this order shall dispose of civil writ petitions no.15446 and 15478 of 2013, filed by two separate residential welfare associations, duly registered with the registrar, cooperative societies, haryana. in both these petitions, the petitioners associations are challenging notices dated 29.11.2012, issued by the estate officer, huda, dass narotam 2013.07.26 10:07 i attest to the accuracy and integrity of this document cwp no.15446 of 2013 -2- sirsa, to its members.whereby demand of additional price at the rate of ` 3,219.73 per square meter for the plot allotted to the members has been made on account of enhancement of compensation of the acquired land. copy of one of such notices has been annexed as annexure p-3. undisputedly, as per the terms of the allotment/re-allotment letters.the members of the petitioner associations, who are allottees of the plots, are liable to pay the enhanced cost on account of enhancement of compensation of the land. learned counsel for the petitioner associations, while referring to the letter dated 22.10.2012 (annexure p-5) issued by the chief administrator, huda, panchkula, for recovery of firs.enhanced compensation from allottees in respect of sector 19 (part i) and 20 (part-ii).sirsa, wherein enhanced compensation has been worked out to ` 2,692.08 per square yard, argued that the estate officer has arbitrarily asked to deposit enhanced cost at the rate of ` 3,219.73 per square meter. learned counsel also raised certain objections with regard to inclusion of more area and argued that cost of enhanced compensation has not been fairly distributed among the other allottees and the entire burden of the same has been shifted to the members of the petitioner association. it is the case of the petitioner associations that after receiving the aforesaid impugned demand notices, separate legal notices dated 31.1.2013, copies of which have been annexed as annexure p-6, in this regard have been served upon the chief administrator, huda, panchkula dass narotam 2013.07.26 10:07 i attest to the accuracy and integrity of this document cwp no.15446 of 2013 -3- (respondent no.2 herein).to make out fair calculation of the cost of enhanced compensation, after providing opportunity of hearing to them. learned counsel states that till date, the said legal notices have not been considered and decided. he submits that at this stage, respondent no.2 be directed to consider the said legal notices and take a decision on the same in accordance with law. after hearing learned counsel for the petitioner associations, without going into the merits of the case, at this stage, we dispose of both these petitions with a direction to respondent no.2 to consider and decide the said legal notices dated 31.1.2013, after providing opportunity of hearing to the representative of the petitioner associations, by passing a speaking order giving all the details with regard to calculation of the cost of enhanced compensation, expeditiously, preferably within a period of four months from the date of receipt of a certified copy of this order. ( satish kumar mittal ) judge july 22, 2013 ( mahavir s. chauhan ) ndj judge dass narotam 2013.07.26 10:07 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15446 of 2013 Sector 19 HUDA Residents Welfare Association, SiRs....PETITIONER Versus State of Haryana and others ....RESPONDENTS CWP No.15478 of 2013 Residents Welfare Association, SiRs....PETITIONER Versus State of Haryana and others ....RESPONDENTS DATE OF DECISION :

22. 07.2013 CORAM :- HON'BLE Mr.JUSTICE SATISH KUMAR MITTAL HON'BLE Mr.JUSTICE MAHAVIR S.

CHAUHAN Present: Mr.Sandeep Punchhi, Advocate, for the petitioner.

*** SATISH KUMAR MITTAL, J.

( Oral ) This order shall dispose of Civil Writ Petitions No.15446 and 15478 of 2013, filed by two separate residential Welfare Associations, duly registered with the Registrar, Cooperative Societies, Haryana.

In both these petitions, the petitioners Associations are challenging notices dated 29.11.2012, issued by the Estate Officer, HUDA, Dass Narotam 2013.07.26 10:07 I attest to the accuracy and integrity of this document CWP No.15446 of 2013 -2- Sirsa, to its membeRs.whereby demand of additional price at the rate of ` 3,219.73 per square meter for the plot allotted to the members has been made on account of enhancement of compensation of the acquired land.

Copy of one of such notices has been annexed as Annexure P-3.

Undisputedly, as per the terms of the allotment/re-allotment letteRs.the members of the petitioner Associations, who are allottees of the plots, are liable to pay the enhanced cost on account of enhancement of compensation of the land.

Learned counsel for the petitioner Associations, while referring to the letter dated 22.10.2012 (Annexure P-5) issued by the Chief Administrator, HUDA, Panchkula, for recovery of fiRs.enhanced compensation from allottees in respect of Sector 19 (Part I) and 20 (Part-II).Sirsa, wherein enhanced compensation has been worked out to ` 2,692.08 per square yard, argued that the Estate Officer has arbitrarily asked to deposit enhanced cost at the rate of ` 3,219.73 per square meter.

Learned counsel also raised certain objections with regard to inclusion of more area and argued that cost of enhanced compensation has not been fairly distributed among the other allottees and the entire burden of the same has been shifted to the members of the petitioner Association.

It is the case of the petitioner Associations that after receiving the aforesaid impugned demand notices, separate legal notices dated 31.1.2013, copies of which have been annexed as Annexure P-6, in this regard have been served upon the Chief Administrator, HUDA, Panchkula Dass Narotam 2013.07.26 10:07 I attest to the accuracy and integrity of this document CWP No.15446 of 2013 -3- (respondent No.2 herein).to make out fair calculation of the cost of enhanced compensation, after providing opportunity of hearing to them.

Learned counsel states that till date, the said legal notices have not been considered and decided.

He submits that at this stage, respondent No.2 be directed to consider the said legal notices and take a decision on the same in accordance with law.

After hearing learned counsel for the petitioner Associations, without going into the merits of the case, at this stage, we dispose of both these petitions with a direction to respondent No.2 to consider and decide the said legal notices dated 31.1.2013, after providing opportunity of hearing to the representative of the petitioner Associations, by passing a speaking order giving all the details with regard to calculation of the cost of enhanced compensation, expeditiously, preferably within a period of four months from the date of receipt of a certified copy of this order.

( SATISH KUMAR MITTAL ) JUDGE July 22, 2013 ( MAHAVIR S.

CHAUHAN ) ndj JUDGE Dass Narotam 2013.07.26 10:07 I attest to the accuracy and integrity of this document