KARAMJIT SINGH BEDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-Association is an association of the allottees of plots in Sector 21-C, Faridabad. The petitioner has approached this court making a grievance with regard to extension fee being charged from the allottees by the Haryana Urban Development Authority. It has been claimed by the petitioner-Association that although infra structure and development work has not been completed by the HUDA authorities but still the extension fee for non-construction of the allotted sites is being charge. The HUDA authorities in their stand before this court have disputed the fact that the infra structure/development has not been carried out in Sector 21-C, Faridabad.

(2.) The matter has remained pending before this court since the year 2002. Various applications/affidavits and counter replies/counter affidavits have been filed on behalf of the parties. In these circumstances,we find that it is not really possible for this court to adjudicate the controversy on facts since divergent pleas have been taken by the parties. It would be more appropriate if a senior officer of the Government looks into the matter and take a final decision thereupon.

(3.) Consequently, the present writ petition is disposed of with a request to the Financial Commissioner & Secretary Department of Town and Country Planning, Haryana to look into the grievance of the petitionerassociation and take such appropriate action, as may be required, under the circumstances of the case. For this purpose, the petitioner- Association shall file a detailed representation before the Financial Commissioner and Secretary, Town and Country Planning,Haryana within a period of four weeks from the day a certified copy of this order is received. On receipt of the aforesaid representation, the Financial Commission shall inspect the spot and shall verify the factual position. A representative of the petitioner- Association shall also be entitled to participate in any enquiry to be conducted by the Financial Commissioner. While finally determining the matter, the Financial Commissioner shall pass a detailed speaking order adjudicating the controversy between the parties within a period of six months, if possible.