THE GOVERNMENT EMPLOYEE CO-OPERATIVE HOUSING BUILDING SOCIETY LIMITED Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved against the impugned demand notice dated 16.5.2008 (Annexure P-9), for payment of outstanding amount of External Development Charges ('EDC' for short), order dated 26.3.2009 (Annexure P-2), passed by respondent no. 2 dismissing the representation of the petitioner-society against the demand notice and also the order dated 7.3.2011 (Annexure P-1), passed by the appellate authority-respondent No. 1, dismissing the appeal of the petitioner against the order Annexure P-2, the petitioner has approached this court by way of instant petition invoking the writ jurisdiction of this court, under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing of the demand notice (Annexure P-9), order Annexure P-2 as well as order Annexure P-1, noted hereinabove. The relevant facts of the case necessary for disposal of the controversy involved herein may be noted briefly.

(2.) The petitioner-society came to be registered with the Registrar, Cooperative Societies, Haryana, on 6.11.1979 having 770 members coming from all walks of life. The primary object of the society was to set up a residential colony for its members. To achieve its object, the society purchased 100.23 acres of land in village Perhawar District Rohtak, so as to construct the residential colony.

(3.) The petitioner-society applied for grant of licence as per the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 ('1975 Act' for short). The letter of intent was issued in favour of the petitioner society by the Director, Town and Country Planning, Haryana, Chandigarh-respondent No. 2, vide letter dated 20.11.2002 (Annexure R-2). Licence No. 1 of 2003 for an area measuring 100.23 acres was issued in favour of the petitioner-society, vide letter dated 2.1.2003 (Annexure P-4). This licence was issued subject to certain terms and conditions including the condition of payment of EDC.