FARIDABAD COMPLEX ADMINISTRATION Vs. BADAN SINGH

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree dated 04.01.1991 granted by the Sub Judge Ist Class, Faridabad in a suit for permanent injunction restraining the defendant-appellants to claim development charges and composite fee in pursuance of notice dated 23.03.1986. Such judgment and decree was affirmed in the first appeal on 31.10.1992. Still aggrieved, the defendants are in second appeal. The plaintiff-respondents are the purchasers of plots from M/s. Rubber Reclaim Company of India Private Limited in the colony called 'Rishi Nagar Colony' contiguous to the Old Town of Ballabgarh in District Faridabad. It is pleaded by the plaintiffs that draft development plan was published on 05.06.1965 followed by final development plan dated 10.01.1966 under Section 5 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (for short 'the Act'). The land which has been purchased by the plaintiffs is part of the Controlled Area in terms of the aforesaid notification and reserved for residential purposes. The vendor of the plaintiffs have purchased the land for establishing their factory, but since the land was forming part of residential zone contiguous to Ballabgarh Town, the same was sold to different purchasers including the plaintiffs by developing a residential colony called 'Rishi Nagar Colony' after final publication of the development plans.

(2.) At this stage, it may be noticed that as per the then existing Section 6 of the Act, there was absolute prohibition to erect or re-erect any building except in accordance with the plan and the restrictions and conditions referred to in Section 5 and with the previous permission of the Director. The vendor of the Plaintiffs or the plaintiffs has never sought any permission under the Act for erection or re-erection of the building. On the other hand, under the Punjab Municipal Act, 1911 (for short 'the Municipal Act'), which was then applicable in the State of Haryana, the State Government declared the land, subject of purchase by the plaintiffs, as 'unbuilt area' vide order of the President of India dated 07.02.1968. Such 'unbuilt area' is defined in Section 3 sub-Section (18)(b) of the Municipal Act, as an area within the municipal limits declared to be such at a special meeting of the committee by a resolution confirmed by the State Government and notified as such by the State Government. Vide order dated 26.07.1968, the land of Rishi Nagar Colony was excluded from the earlier notification of unbuilt area. The said notification reads as under:

(3.) The Municipal Committee, Ballabgarh, consequent to the aforesaid decision of the State Government, sanctioned the building plan submitted by the plaintiffs. The plaintiffs constructed the buildings and also started paying house-tax.