High Court Punjab-Haryana High Court

M/S Dev Builder And Colonizers (P) … vs Competent Authority And Another on 14 November, 2008

Punjab-Haryana High Court
M/S Dev Builder And Colonizers (P) … vs Competent Authority And Another on 14 November, 2008
CWP No. 2813 of 2008                                              1


IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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                            CWP No. 2813 of 2008
                            Date of decision : November 14, 2008

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M/s Dev Builder and Colonizers (P) Ltd
                                              ............Petitioner
Versus

Competent authority and another
                                               ...........Respondents


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CORAM: HON'BLE MR. JUSTICE M.M KUMAR
         HON'BLE MR. JUSTICE JORA SINGH
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Present: Mr. Tushar Sharma, Advocate for the petitioner.

           Mr. Balwinder Singh, Advocate for the respondents.
                            *****
    1. Whether Reporters of Local Newspapers may be allowed to
       see the judgement?
    2. To be referred to the Reporters or not?
    3. Whether the judgement should be reported in the digest?

M.M KUMAR, J.

The petitioner has approached this Court with a prayer for

issuance of direction to the respondent to grant licence under the

name and style of Golden Enclave at Village Dhandra Thakarwal,

Tehsil and District Ludhiana on land measuring 49.55 acres.

In response to notice of motion, respondents have filed a

written statement. When the matter came up for further

consideration on 7.11.2008, it transpired that the petitioner was

issued a letter dated 11.10.2006 (incorrectly mentioned in the last

order as 8.11.2006) requiring him to comply with the conditions
CWP No. 2813 of 2008 2

mentioned therein. In the written statement, the stand taken is that

there is revised policy and accordingly further conditions are required

to be complied with. Learned counsel for the petitioner had argued

that at no stage compliance of additional requirements was intimated

and therefore, there was no legal obligations caste on the petitioner

to comply with the same.

Accordingly we had issued directions to the counsel for

the respondents to obtain instructions as to when the requisite

licence could be issued to the petitioner. In response to the

aforementioned direction, Sh. Balwinder Singh learned counsel for

the respondents, has placed on record a copy of the licence dated

12.11.2008 showing that the licence has been issued to the

petitioner. The same is taken on record as Mark `A’. Mr. Tushar

Sharma, learned counsel for the petitioner has stated that the instant

petition has been rendered infructuous and the petitioner should be

given liberty with regard to Clause No.10 because a separate letter is

sought to be issued by the respondents regarding payment of CLU

charges, external development charges and licence fee.

In view of the above, the instant petition is dismissed as

having been rendered infructuous. However, the petitioner shall be

at liberty to challenge any separate letter in pursuance to Clause 10

as prayed.


                                           ( M.M KUMAR )
                                               JUDGE



November 14, 2008                          ( JORA SINGH )
ritu                                           JUDGE