PARISHA PROMOTERS PVT LTD Vs. SUB REGISTRAR, GURGAON

JUDGEMENT

(1.) THE land in dispute is comprised in Khewat No.381 Khata No.436 Khasra No.337 (1 Bigha -8 Biswa) situated in the revenue estate of Islampur, Tehsil & District Gurgaon. Admittedly, this parcel of land is coowned to the extent of half share each by one Ram Singh s/o Late Mann Singh along with one Bhima s/o Late Sh. Nihal Singh. Both the co -owners executed the agreement for sale along with possession dated 25.03.2004 (P -2) with the petitioner -company (hereinafter referred to as the Builder) to enable the Builder to obtain the licence under the Haryana Development Regulation of Urban Areas Act, 1975 (for short the 1975 Act) for developing a colony. The said land along with land in the area was acquired by the State Government vide notifications dated 27.11.2003 and 24.11.2004 issued under Sections 4 & 6 of the Land Acquisition Act, 1894.

(2.) IT is averred that Bhima and Ram Singh along with present builder filed CWP No.18163 of 2006 challenging the acquisition wherein vide interim order dated 17.11.2006 status quo with regard to possession was ordered to be maintained. It is submitted that the said protection was granted prior to the passing of the award dated 22.11.2006 by the Collector, Gurgaon. The said writ petition was finally disposed of vide order dated 21.10.2013 and the operative part reads as under: -

(3.) TO a pointed query, learned Counsel for the petitioner -Builder states that the case for grant of licence under the 1975 Act is still pending before the competent authority.