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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 year 1984.

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.

Location :

The 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.

Synopsis

15.01.1982

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.

1981-82

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.

1989

The acquisition  notification of the land u/s 4 & 6 was issued by the Govt. in the year 1989.

1990

The Hon'ble Pb. & Haryana High Court granted stay in favour of the society.

26.03.2003

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.

24.05.2004

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.

16.6.2005 / 29.8.2005

The Director Country & Town Planning  rejected the application stating following reason on 16.6.05:

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 residential colony.

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 revenue department.

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, Panipat.

12.12.2006

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, Panipat.

14.4.07

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 the society.

3.7.08

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 Ltd.

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 and 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 service.

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.

 

Court case pending in High Court Chandigarh

 

CWP 3493 of 2008 was filed 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.

 

On 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 26-8-2010 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 25 Jan 2011.

The court 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.

 

The further progress of the case and action taken by the Management Committee in pursuing the case is as follows:

 

On 24-1-11 & 25-1-11

 

Er YN 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 advocates.

 

However it was learnt later on that the case has not been listed for 25 Jan 2011

 

Next 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.

 

10-2-11

 

Sarvshri 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.

 

14-03-2011&15-3-11(Next hearing)

 

Sarvshri 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.

 

 

25-03-11(Next hearing)

 

Erís DR 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.

19-4-11(Next hearing)

 

On 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 19-4-2011.

 

12-5-11

 

Sarvshri 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.

 
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