LANDBASE INDIA LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court by way of filing the present petition for issuance of a writ in the nature of certiorari for quashing of impugned condition imposed by the respondents vide letter dated 14.03.2012 (Annexure P-15) and letter dated 19.01.2016 (Annexure P-20), whereby, the petitioner has been restrained from alienating four Bedroom Golf Huts and Cottages by way of sale or long term lease, built up on the land owned/possessed by him and being used as golf course and tourist resort after getting permission for change of land use (CLU).

(2.) Briefly, the facts of the case as made out in the present petition, are that the petitioner being owner of approximately 277 acres of land in the villages of Kota, Gangani, Khandewala and Sarai in District Gurgaon, developed a 27-hole Jack Nicklaus Golf Course along with a Social Club in the name and style of 'Classic Golf Course Resort and Country Club' (here- in-after referred to as the "Classic Golf Resort") and also a Five-Star Luxury Resort Hotel under the name "ITC Grand Bharat". The petitioner applied to the Director General of Town and Country Planning, Haryana (respondent No.2) for Change of Land Use for 238 acres for the purpose of developing a Golf Course and Tourist Resort vide application dated 12.05.1995. Since the land of the petitioner fell under the Controlled Area, the control and management of that area was with the Department of Town and Country Planning, Haryana. As per notification dated 22.01.1991, he entered into an agreement with the respondents for Change of Land Use in the Form CLU- II as specified under the Act and Rule 26D of the Rules framed thereunder. He also executed an undertaking to pay the additional amount of conversion charges on revised rates as and when demanded by the respondent authorities. Certain terms and conditions were mentioned in the agreement entered into between the parties as Annexure P-3. Thereafter, he approached the respondent authorities for sanctioning of Zoning Plan for the Golf Course and Tourist Resort proposed to be built up by him, which was approved on 18.03.1997 subject to fulfilling all the requisite conditions. In the agreement, there was a condition of construction of two bedrooms upto two storeys. He sought permission for waiver of condition imposed by the respondent authorities for construction of three Bedrooms Golf Huts and Cottages. His request of waiving off the condition prohibiting construction of three Bedroom Golf Huts and Cottages was accepted and he was allowed to construct of a "maximum 4 Bedrooms Golf Huts and Cottages" but with the condition that under any circumstances, these cottages shall not be disposed off either by way of long term lease or sale" vide letter dated 14.03.2012 (Annexure P-15).

(3.) The petitioner is aggrieved by the said condition imposed vide letter dated 14.03.2012 (Annexure P-15) as neither it was imposed while granting permission for Change of Land Use nor while sanctioning of Zoning Plan.