BAJWA DEVELOPERS LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Bajwa Developers Limited has knocked the door of this Court for the accordings of the hereinafter extracted reliefs:-

(2.) Brief facts of the case are that the petitioner is a developer and has developed a residential colony (Sunny Enclave) in Sectors 123, 124 and 125, which falls within the jurisdiction of Greater Mohali Area Development Authority (hereinafter referred to as 'GMADA'). As per master plan approved by respondent No.1, a road measuring 200' wide, passes through the aforesaid Sectors 123, 124 and 125. The petitioner Company earlier developed two residential colonies in the area of Villages Desu Majra, Fatehullpur and Jhungian, out of which one residential colony was of an area measuring 31.13 acres, in respect of which Letter of Intent was issued on 4/7/2006 and License was issued on 29/12/2006. The second colony was of an area measuring 150 acres, in respect of which Letter of Intent was issued on 3/5/2006 and subsequently an agreement came to be executed on 22/6/2006 (Annexure P-2) between the petitioner and the competent authority. In terms of Annexure P-2, the Government of Punjab, was to facilitate provisionings of power supply, road accessibility, water and infrastructure required for the project, after the same is applied to the concerned Department/Agency/Authority/Local Body, but on fulfilment on various terms and conditions required in the said regard, at such rates/fees etc., which shall not be less favourable to them compared to similarly placed projects/customers.

(3.) (A) Learned senior counsel for the petitioner submits, that the entirety of the compensation amounts as becomes determined under Award bearing No.569 dtd. 18/5/2018, but becomes amenable to be released to the present petitioner.