A group of medicos , engineers and
other residents of panipat formed and got registered Coop. House
Building Society in the year 1981-82 to provide to its 380 members for
building their residential houses.
An area of 40.97 acres of land within
municipal limits of Panipat through registered deeds were purchased in
the name of society. Draw of lots was held in the general body meeting
and physical possession of the plots were given to the members in the
The construction of brick roads were
got completed which are still visible and the area for the common
utility i.e. Primary Health Center , Primary School , Community center
, Religious area and space for other infrastructure was left out
.Layout Sketching are placed in this website.
land for housing society is away from the Polluted & Stressful area of
Panipat .It is located on the both sides G.T.Road Panipat at a
distance of 1.5 Km from Bus Stand towards Karnal. The Area is
Excellent for peaceful living.
A group of Medicos,
Engineers, residents of Panipat formed and got registered coop. House
Building Society in the year 1981-82 to provide plots to its 380
members for building their residential houses.
An area of 40.97 acres
of land within Municipal limits of Panipat through Regd. Deeds was
purchased in the name of the society. Draw of lots was held in the
General body Meeting and physical possession of the plots were given
to the members. The construction of brick roads were got completed
which are still visible and area for common utility i.e. Primary
Health Centre, Primary School, community centre and religious area and
space for other infrastructures was left out.
notification of the land u/s 4 & 6 was issued by the Govt. in the year
The Hon'ble Pb. &
Haryana High Court granted stay in favour of the society.
The Hon'ble Pb. &
Haryana High court quashed rhe notification u/s 4&6 and the land was
released to the society with the understanding that the society would
abide by the rules and regulations of the authority and will also
apply to the Director Country & Town Planning Haryana for getting the
licence to develop the plotted colony.
The society applied for
the grant of the licence alongwith prescribed fee of Rs.5736600/- only
and thereafter an additional charges of Rs.18456/- were demanded on
15.12.2004 which were paid.
The Director Country &
Town Planning rejected the application stating following reason on
1.Panipat town is a
medium potential town wherein, as per policy decision of the
Government, a minimum land of 50 acres is required to develop a
2. Society has not
submitted the documents showing the experience and financial capacity
to develop the proposed colony applied for grant of licence.
3. Shajra Plan is not
clear and is not legible and the same has not been issued by the
4. Latest jama-bandi of
the proposed land has not been submitted.
Where as the same Director Country &
Town Planning issued licence No. 146 of 2005 on 29.08.2005 for
18.6895 acres to the National Fertilizers Ltd. employees coop society,
The appellate authority
remanded the case to the Director Country & Town Planning for
reconsidering the case for grant of licence within two months on the
pattern of N.F.L. Employees Co-operative Housing Building Society,
Following the orders of
the Appellate authority dt.12.12.06 the Director country & Town
Planning demanded a sum of Rs.13211040/- only due to the revision of
rates of development charges in view of the notification dt.
4.12.2006. Though this revision of rates is not is not applicable to
Letter No. LC-491-JD
(BS) / 5352 dt. 3.7.08 received from the Director Town & Country
Planning Haryana in which earlier decision conveyed vide this office
letter no.5672 dt.16.06.2015 is reiterated.
GROUNDS FOR GRANT OF
LICENCE TO THE SOCIETY.
1. Thee was no notifed
policy of he Govt. for the fixation of minimum land required for the
development for plotted residential colony upto 19.12.2006 hence in
the absence of the policy, society which applied for he grant of
licence on 24.5.2004 alongwith prescribed fee as leviable at that time
is entitled for the grant of licence.
2. The department after
the scrutiny of the application and its fee structure demanded a
deficit fee of Rs.18456/- on 15.12.04 after about six months,
applicable & leviable and no other objection of policy etc. was quoted
in that letter.
3. The Ld. Govt.
advocate at the time of hearing of release of land in the Hon'ble High
Court on 26.03.03 never raised any point regarding the so called
policy. It was argued by the Ld. D.A.G. Haryana again and again in the
Hon'ble High Court that he society has not applied for the grant of
licence to the deptt. so on the directions of the Hon'ble High Court
and statement given by Ld. Sr. Advocate Sh. Ashok Aggarwal, the
society complied with all norms and applied for the grant of licence
to the deptt.
4. The deptt. has taken
about one year i.e. on 16.6.2005 for the rejection of the licence to
our society whreas a licence No.146/2005 has been issued for 16.6895
acres to the NFL Employees Coop. House Building Society, Panipat.
5. The appellate
authority cum-principal secretary and Financial Commissioner, Country
& Town Planning Haryana has clearly reached the conclusion that there
is merit in this case. A case of parity is clearly made out hence I
consider a fit case to remand to the Director Town & Country Planning
for reconsideration of the case for the grant of licence to the
petitioner society with in 2 months on the pattern of NFL Society
6. The Director has
taken two years & 4 months in place of two months, to arrive at the
same decision which was conveyed vide letter no.5672 dt. 16.6.05.
Although this decision of the Director has been slashed, overruled and
and nullified by the Appellate authority and does not hold good again
7. If for the sake of
argument the policy of cabinet dt. 30.12.98 is considered, the same
had been struck down by the Hon'ble Pb. & Haryana High Court in its
judgment dt. 26.6.2004 in CWP No. 10896 of 2002. Thus the society is
fully justified and entitled for the grant of licence.
8. The Society consist
of 380 genuine members mostly Govt./Semi Govt./Medicos, who opted to
becom members in the year 1982 and now more than 10% have expired and
15% are plus seventy, 20% are senior citizens and 25% are retiring
from the Govt. Job very shortly and rest are on the fag end of their
9. So the society very
earnestly and sincerely request your honour to grant the licence for
the development of plotted colony at Panipat in view of the aforesaid
reasons and save the members from the mental agony, frustration and
disappointment at the last span of their life.
10. Lastly feeling
discriminated, disguisted, & frustrated, by the step motherly
treatment metted out to the bonafied, genuine, well registered,
established society by the department, the members have no option but
to knock the doors of the high court so the decision taken the general
body of society has been carried out by filling writ petition in the
Hon'ble Pb. & Haryana High Court, Chandigarh, which is pending. But
simultaneously the society and its bonafide members believe and trust
in the welfare schemes of the democratic set up govt. and faith in
govt., 'teachers-taught, cordial, friendly and heart to heart
relationship in the wider interest of the society.
pending in High Court Chandigarh
3493 of 2008
by society on 3-3-2008 .The case remained on hearing list but had been
adjourned by the Honíble Court for one reason or the other. Society
filed the for early hearing on the basis of senior citizen vide Diary
receipt no 234 dt 16-12-2009.The case was fixed for hearing on
24-5-2010 but was adjourned to 16-8-2010 due to paucity of time by
Chief Justice High court.
16-8-2010 it was learnt that the case had been delisted
and its priority had been shifted to Sr no 457 in place of 423.The
members of the society met PA of the Chief Justice Sh AK Tayagi
(having a status of Session Judge) on
who assured that the case will be put on hearing list shortly. Hearing
of the case fixed on
13-10-2010 was adjourned to 25 Jan 2011.The next date of
arguments in high court was on
was attended by the members of the new Management Committee but it was
found that the has not been listed for 25 Jan 2011 and the next date
of hearing was not fixed.
further progress of the case and action taken by the Management
Committee in pursuing the case is as follows:
Dawar, Er DR Luthra & Er SC Gupta went to Chandigarh to attend the
court case.. Since he was busy in some other work therefore he told
the points as prepared by Er DR Luthra (for his attention) be given to
his P.A. for his reference. Also contacted Mr Bali, another advocate
to consult him for pleading our case in addition to existing
it was learnt later on that the case has not been listed for 25 Jan
day,i.e. on 25-01 -2011 we went to the office of Honíble Chief
Justice and requested the person concerned to get our case expedited.
Tejbir Singh Maan, RK Chhokar, YN Dawar, DR Luthra, MS Ahuja & SC
Gupta went to Chandigarh and Panchkula for follow up action in
respect of court case CWP 3493 of 2008.
RK Chhokar, Tejbir Singh Maan & SC Gupta went to Chandigarh to
attend the court case. Met met SK Dewan in his office and then went
to see Adv JS Singh regarding arguments of the case next day. Next day
remained in the court whole day but the case did not come up for
hearing on account of other cases.
Luthra, KL Chawla & SC Gupta went to Chandigarh for hearing of the
court case.. Met Mr JS Singh Adv in the court and discussed the
position of the case. The case could not come up for hearing as no
regular case was heard on that day.
18-4-2011 contacted Mr Jaskirat Singh & Mr Ashok Aggarwal
for the hearing of the case on phone by Mr Dawar and It was learnt
that the case was not included in the list of taken up cases for
RK Chhokar, DR Luthra & SC Gupta went to Chandigarh to pursue the
court case and it was leart that the Hínale Chief Justice had been on
leave with the result our case was not listed for hearing. It may come
up for hearing either in next month or may be after vacations of the
court.Met Adv RK Talwar who is pleading the case of another society
and linked with our case to know the latest position of the case and
consult him if he could supplement our case also during the arguments.
He indicated his willingness for the same.