HITKARI WELFARE SOCIETY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CWP No.5904 of 2019 (hereinafter referred to as the "first petition") and CWP No.7778 of 2018 (hereinafter referred to as the "second petition") because the prayers made by the petitioner(s) and the issues involved in both the cases are almost identical inasmuch as in both the petitions, the challenge has been laid to the order ***** passed by the Director, Town and Country Planning, Haryana (DTCP) on 25.09.2018, by which he has permitted respondent no.3 to migrate the licence No.138 of 2008 from a Group Housing Project to a Residential Plotted Colony. However, for the sake of convenience, the facts are being extracted from CWP No.5904 of 2019.

(2.) Since there were allegedly some defaults committed by the TIDCO in honouring the commitments made to the allottees of its projects including but not limited to Triveni Signature-II in Sector 89, Faridabad and other Group Housing Projects of TIDCO in respect of the land falling in Licence Nos.34 to 36 of 2007 in Sector 89, Faridabad and Licence Nos.37-39 of 2007 in respect of the land falling in Sector 78, Faridabad, a complaint was made by one Ravi Sachdeva, on the basis of which FIR No.234 dated 24.12.2008 was registered against TIDCO and its Directors under Sections 406/420/120-B IPC at the Economic Offences Wing, New Delhi. Subsequent to the registration of aforesaid FIR, an application for anticipatory bail was filed by one B.N. Gupta along with Sumit Mittal and Madhur Mittal (respondents no.4 and 5 herein) before the Delhi High Court. In the said bail application, as per index supplied to the Court, Sr. No.5 dealt with Annexure-A (colly), i.e. copy of details of the land purchased by the Company for its project at Krishna Vatika Mathura Vrindaban, Sector-78, Faridabad for Group Housing, village Mehrauli Ghaziabad, Sector-78, Faridabad for integrated township, land at Dharuhera Rewari, land at village at Madhya Kalan, Rewari and Commercial land at Sector-89, Faridabad, which runs from page nos.43 to 74. In the said bail application, Sr. No.6 deals with Annexure-B, i.e. copy of valuation of properties by the leading agency of M/s Knight Frank India Pvt. Ltd., which runs from page nos.75 to 86. It is alleged that though the bail was granted but it was lateron cancelled on 17.10.2012. It is further averred that around the same time, a Company Petition No.39 of 2009 titled as "Dinesh Mittal and others vs. M/s Triveni Infrastructure Development Co. Ltd." was filed before the Delhi High Court by some of the allottees of TIDCO alleging that the latter company is financially insolvent and unable to pay its legal debts and liabilities. It is also averred that respondents no.4 and 5, after institution of Company Petition No.39 of 2009, executed an agreement dated 03.06.2009 between TIDCO, solely owned by them, and M/s Garden Villas and Flats Pvt. Ltd., whereby TIDCO had duly transferred all rights of construction, sale and development of the entire FSI, i.e. 8,92,196 Sq. Ft. on 11.706 acres of the Licenced area for a total sale consideration of Rs.53,53,17,600/-.

(3.) The present petition is, thus, directed against the said migration which has been ordered on 25.09.2018 and in regard thereto, it would be relevant to refer to the prayer made in the petition, which is reproduced as under:-