Allowed

M/S Mahalaxmi Projects (P) Ltd. v. State of Hry. and Ors.

Punjab & Haryana HC2 Apr 2009CWP/8400/2007

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking allotment of an industrial plot. It issued a clarificatory direction for handing over possession of the actual smaller plot measuring 710.25 sq. metres within one month, along with a revised allotment letter, without charging further interest, and ordered refund determination within two months.

What did the court decide?

Direction to hand over possession of the plot measuring 710.25 sq. metres within one month along with a revised allotment letter; determination of excess payment/refund within two months.

M/S Mahalaxmi Projects (P) Ltd. Vs… — Pension and Retirement Benefits | Punjab & Haryana HC (2009)

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C.W.P NO. 8400 OF 2007

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P NO. 8400 OF 2007 DECIDED ON : 02.04.2009

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Messrs Mahalaxmi Projects (P) Ltd

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...Petitioner

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versus

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State of Haryana and others

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...Respondents

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CORAM : HON'BLE MR. JUSTICE SURYA KANT

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Present : Mr. Gautum Dutt, Advocate, for the petitioner.

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Mr. R. D. Sharma, Senior DAG, Haryana.

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Mr. Tribhuvan Dahiya, Advocate, for respondents No.2 to 4.

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SURYA KANT, J. (ORAL)

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The petitioner seeks a direction for allotment of an industrial plot measuring not less than 900 sq. metrs in Udyog Vihar, Gurgaon.

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The undisputed facts are that the petitioner was allotted a plot measuring 900 sq. metrs. Vide allotment letter dated 19.05.2004 (Annexure P-1). The petitioner thereafter was asked to accept the Regular Letter of Allotment for Plot No. 14849 measuring 900 sq. metrs (approximately and subject to actual measurement) vide Memo dated 14.06.2006 (Annexure R-1).

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C.W.P NO. 8400 OF 2007

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The fact of the matter is that the plot at the spot was found to be measuring 710.25 sq. metres only. Since the petitioner had deposited the sale consideration for a plot measuring 900 sq. metres, the excess payment made by it has been refunded on 10.11.2008 i.e the date when the respondentCorporation explicitly acknowledged the allotment of a plot measuring 710.25 sq. metres and not measuring 900 sq. metres, as was mentioned in the original allotment letter dated 19.05.2004.

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It appears that the respondents have been willing to offer possession of the above stated smaller plot and the petitioner also, now in the changed circumstances, is ready and willing to accept the said plot.

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The writ petition is accordingly disposed of with a clarificatory direction that the possession of the plot measuring 710.25 squ mtrs. shall be handed over to the petitioner within one month along with a revised allotment letter depicting the correct size of the plot. Since the petitioner has already paid the entire sale consideration, no further interest shall be chargeable from it on the premise that the regular allotment was offered to the petitioner on 14.06.2006 (Annexure R-1). Since the petitioner was liable to pay interest keeping in view the actual size of the plot only, the excess payment, if any, shall be determined by refund made within a period of two months.

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Disposed of.

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C.W.P NO. 8400 OF 2007

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Let a copy of this order be given dasti on payment of

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usual charges.

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APRIL 02, 2009 shalini

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(SURYA KANT) JUDGE

M/S Mahalaxmi Projects (P) Ltd. v. State of Hry. and Ors.

Case brief

What is this about?

What did the court decide?

M/S Mahalaxmi Projects (P) Ltd. v. State of Hry. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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