MALHOTRA LAND DEVELOPERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Multifarious prayers have been made in the present petition under Article 226 of the Constitution of India but primarily, for issuance of a writ in the nature of certiorari to quash the order dated 10.01.2012 (Annexure P-29) as also to quash the demand of revised external development charges and license fee from the petitioner.

(2.) The petitioner applied for permission to develop a Mega Housing Project under the then existing Industrial Policy of 2003. In this regard he submitted an application on 17.11.2005 and the project was cleared by the Empowered Committee headed by none else than the Chief Minister of the State of Punjab. The Mega Housing Project was cleared and revised Letter of Intent dated 09.05.2006 was issued in favour of the petitioner which contained certain concessions and the project was exempted from operation of Punjab Apartment and Property Regulation Act, 1995 (hereinafter referred to as "PAPR Act").

(3.) On 19.07.2006 an agreement was signed by the petitioner with the State Government and on 02.08.2006 the petitioner filed an application seeking change of land use, pursuant to which on 22.11.2006 no objection certificate regarding CLU was granted. As per the procedure, the layout plan was approved on 07.12.2006 and the petitioner was asked to deposit the external development charges and license fee vide communication dated 21.12.2006. The entire EDC/license fee was deposited as per the prevalent rates and the final approval of the layout plan was also granted on 07.06.2007. All this was approved by the Chief Minister,Punjab on 16.08.2007, duly circulated and notified on 21.08.2007. According to the petitioner, to state in brief, all the requisites stood complied on 16.08.2007 when the approval was granted by the Chief Minister.