MUNICIPAL CORPORATION FARIDABAD Vs. NHPC LTD

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner/Municipal Corporation, Faridabad against the order dated 01.02.2018 passed by Additional District Judge, Faridabad whereby order dated 25.10.2016 passed by Civil Judge (Junior Division), Faridabad was upheld.

(2.) Respondent M/s NHPC Ltd. filed a suit for permanent injunction against the Municipal Corporation, Faridabad on the ground that the plaintiff M/s NHPC Ltd had purchased the land measuring 35 acres falling in Sector-41, Faridabad situated within the revenue estate of village Sarai Khwaja from defendant Municipal Corporation, Faridabad vide allotment letter dated 20.01.2000 for a consideration of Rs. 75,00,000/- per acre total amounting to Rs. 26.25 crores.

(3.) After full payment of the consideration, unconditional conveyance deed dated 14.06.2001 was executed in favour of the plaintiff-Corporation. The land was purchased by the plaintiff-Corporation for setting up a residential colony for its employees and their families. Plaintiff applied to the defendant Municipal Corporation, Faridabad for approval of residential scheme/township vide letter dated 22.06.2001. At that time, Municipal Corporation, Faridabad asked to submit an undertaking to offer land for public purpose without payment of compensation making provision of community building/services in the proposed township as per Clause C of Sub Clause-I of Section 267 of Haryana Municipal Corporation Act,1994. The aforesaid condition was imposed only in the process of approval of residential scheme and the same was never imposed at the time of execution of unconditional conveyance deed. Town planning scheme No.7 was approved and the same was finalized by the defendant Municipal Corporation, Faridabad and thereafter, the plaintiff-Corporation constructed a residential colony on the aforesaid 35 acres of land purchased by the plaintiff from defendant Municipal Corporation, Faridabad as per approved scheme. Defendant-Corporation directed the plaintiffCorporation to pay conversion charges, licence fee, external development charges which were duly paid by the plaintiffCorporation.