SANJAY ADLAKHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner seeks a writ of certiorari for quashing the memo dated 6.10.1998 (Annexure P-7) prescribing the composition-fee for regularizing the unauthorized construction as well as the order dated 7.12.2004 (Annexure P-10) passed by the Appellate Authority-cum-Commissioner and Pricipal Secretary to Govt. Haryana, Urban Development Department, whereby the petitioner's appeal, seeking reassessment of the composition charges imposed on him by the Municipal Corporation, Faridabad (in short the Corporation) in respect of the unauthorized construction made over plot No. 2A/12, NIT, Faridabad, has been dismissed.

(2.) THE petitioner's mother, Smt. Kheri Bai, purchased a residential plot measuring 640 square yards bearing No. 2A/12 in the New Industrial Township, Faridabad vide registered sale deed dated 21.8.1962. She is stated to have constructed a few shops on the said plot in the year 1968. On 11.10.1995, Smt. Kheri Bai applied to the Corporation for permission to construct a building over the said plot, comprising basement, ground floor and 1st floor. She also applied for permission for Change of Use of the subject plot from residential to commercial purposes. As the plot was abutting 120 feet wide road which was identified as a commercial road, the building plan submitted by Smt. Kheri Bai was approved by the Corporation. Smt. Kheri Bai, however, raised unauthorized construction in violation of the sanctioned building plan. She then applied for compounding the unauthorized construction and also deposited certain amounts towards the 'composition fee' and 'conversion charges'.

(3.) THE Corporation thereafter served a notice dated 3.4.1996 (Annexure P-2) on the mother of the petitioner, asking her to pay composition fee @ Rs. 30 per sq. feet for the construction raised within the permissible area measuring 2289. sq. ft and @ Rs. 750/- per sq. ft. for raising construction on the set backs area measuring 1725 sq. ft. which was otherwise to be left open as per the sanctioned building plan. In this manner, the petitioner's mother was asked to deposit a total composition fee of Rs. 39,49,920/-.