MANGLAM MULTIPLEX PVT.LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for quashing of the orders dated 15.01.2018 and 17.1.2018 declining the applications moved by it on 07.08.2014, 06.05.2016 and 26.02.2016 for grant of additional licence qua the additional area adjoining the existing project against licence No.234 of 2007.

(2.) A licence to develop a Group Housing Colony was given to the petitioner on 16.10.2007 qua an area comprised in 61.556 acres. Thereafter four additional licences were given to the petitioner on 22.08.2009, 06.05.2010, 20.08.2014 and 22.08.2014. In this manner the total land under development by the petitioner came to 66.51 acres. The licence granted as per policy existing at that point of time envisaged consideration and grant on the first come first serve basis, which, however, came to be challenged before this Court by way of a writ petition resulting in its negation. This was challenged by the State in SLP where the operation of the judgment impugned was stayed but liberty was granted to the State to frame a new policy. Prior to all this the petitioner had already submitted an application which was pending and later on approved by the State in May 2017. The new policy came into force in November 2017 and now the case of the petitioner for grant of additional licence is being declined on the strength of the new policy.

(3.) In fact, the controversy is limited in one sense of the word where the petitioner, who is a developer having developed an area of 66.51 acre against different licences issued to him from time to time seeks inclusion of more area by and an additional licence.