ARJUN DASS Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Plaintiff Arjun Dass Dorewala (since deceased and represented by legal representatives) has filed this second appeal having been non-suited by both the courts below. Facts in this case are not very much in dispute. Land of plaintiff and proforma defendants no. 4 to 10 (hereinafter to be referred as landowners) was acquired by State of Haryana for Haryana Urban Development Authority (HUDA-defendant no. 1). However, on objections/application of the land owners, the said acquired land was released vide letter dated 7.11.1994 subject to usual terms and conditions including the condition of paying proportionate development charges. Defendants no. 1 to 3 issued letter dated 13.8.2003 demanding Rs 43,20,782/- as development charges from the land owners. In the suit, the plaintiff has challenged the said demand being wrong and illegal.

(2.) Defendants no. 1 to 3 justified the demand made by them alleging that the demand is in accordance with instructions issued by HUDA vide letter dated 8.7.2002, according to which external development charges are to be recovered from the land owners, whose land is released from acquisition, at the rate of Rs. 150/- per sq. yard as applicable to the category of disputed land of the land owners.

(3.) Learned Civil Judge (Senior Division), Hisar vide judgment and decree dated 17.11.2008 dismissed the plaintiff's suit. First, appeal preferred by plaintiff has been dismissed by learned Additional District Judge, Hisar vide judgment and decree dated 21.1.2009. Feeling aggrieved, plaintiff has filed this second appeal.