ATUL JAIN Vs. NOTIFIED AREA COMMITTEE, MANIMAJRA

JUDGEMENT

(1.) THIS writ petition was filed by the petitioners for quashing the order dated 5.5.1992 (Annexure P -9) passed by the Executive Officer, Notified Area Committee, Manimajra, whereby the residential site No. 87 in 61.21 Area Development Scheme, Manimajra, was ordered to be resumed on the ground of non -payment of extension fee and non -construction within the stipulated time.

(2.) WHEN the matter was taken up for regular hearing on 11.9.2013, after hearing learned counsel for the parties and going through the record of the case, the following order was passed by this Court :

(3.) WE have heard learned counsel for the parties on the said calculations and do not find any justification for charging the extension fee at the rate of Rs. 8/ - per square yard for the entire year 1990, whereas the policy for charging the extension fee was framed on 17.12.1990. In this regard, the calculation submitted by learned counsel for the petitioners is correct. In the calculation, submitted by learned counsel for respondents No.1 to 3, for the years 1993 and 1994, the extension fee has charged at the rate of Rs. 15/ - per square yard, but when we asked learned counsel for respondents No.1 to 3 to show the notification/resolution of the respondent Committee, whereby the said rate was enhanced from Rs. 10/ - to Rs. 15/ - per square yard, she very fairly stated that no such notification/resolution was ever issued/passed. She submits that it was enhanced by the Executive Officer. Thus, in our opinion, the charging of extension fee at the rate of Rs. 10/ - per square yard for the years 1993 and 1994 is also not justified.