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High Court of Punjab and Haryana · body

2016 DAILYLAW 3922 (PNJ)

SHRI OM PARKASH BANSAL EDUCATIONA AND SOCIAL WELFARE TRUST MANDI GOBINDGARTHA AND ORS v. STATE OF HARYANA AND RS

CWP/11376/2016 · 2026-07-01

Subhas Mehla, Vikas Bahl

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Judgment text

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In the High Court for the States of Punjab and Haryana at Chandigarh 203 CWP-11376-2016 (O&M) Date of Decision:-01.07.2026 Shri Om Parkash Bansal Educational And Social Welfare Trust Mandi and another … Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Akshay Bhan, Senior Advocate with Mr. Rohit Nagpal, Advocate and Mr. Rahul Dhanda, Advocate, for the petitioners. Mr. Deepak Bhardwaj, Addl.A.G., Haryana, for respondent No.1. Mr. Arvind Seth, Advocate for respondents No.2 to 4. ***** VIKAS BAHL , J.(Oral) 1. This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially a writ in the nature of certiorari for quashing the impugned demand letter dated 13.05.2016 (Annexure P-11) and letter dated 13.05.2016 (Annexure P-12) issued by the Estate Officer, HUDA, Sonepat, Haryana. 2. Learned counsel appearing for respondents No.2 to 4 has submitted that in pursuance of the order dated 14.09.2015 (Annexure P-8) passed in CWP No.14056 of 2015, the respondents have passed a detailed GEETA RANI 2026.07.03 14:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CWP-11376-2016 (O&M) ( 2 ) speaking order dated 02.02.2018 and the same has been annexed as Annexure R-1 along with short affidavit dated 07.02.2019 of Vijay Kumar, Estate Officer, Haryana Shehri Vikas Pradhikaran, Sonepat (respondent No.4). It is submitted that as per the said order, the amount which was being demanded by the respondent-authorities on account of enhanced compensation from the present petitioners, as per demand notice dated 17.02.2014, has been held to be valid. 3. Learned Senior counsel for the petitioners has referred to the short affidavit filed on behalf of respondents No.2 to 4 dated 07.02.2019 to highlight the fact that after the passing of the said speaking order dated 02.02.2018, the respondent-authorities have stated in paragraphs 6 and 7 of the said affidavit that the respondent - authorities have received a letter dated 31.01.2019 vide memo dated 10.12.2018 from the office of Chief Controller of Finance, HSVP, Panchkula, vide which it has been intimated that instruction No.58 has been issued to all the Zonal Administrators to start the calculations/recalculation of additional price immediately and that the said draft calculation of additional price shall be done after holding discussions with Resident Welfare Association/allottees/petitioners at the Zonal level by the Committee under the Chairmanship of Zonal Administrator comprising of the several persons including Estate Officers of the concerned Urban Estate, Land Acquisition Officer of the concerned Zone and the District Town Planner of the Urban Estate. 4. Paragraphs 6 and 7 of the said affidavit, which have been highlighted on behalf of the petitioners, are reproduced as under:- GEETA RANI 2026.07.03 14:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CWP-11376-2016 (O&M) ( 3 ) “6. That it is further respectfully submitted that in reference to memo no.11370 dated 10.12.2018, the deponent has received a letter no. HSVP/CCF/AO-II/Acctt-II/2019/21229 dated 31.01.2019 from the O/o Chief Controller of Finance, HSVP Panchkula vide which it has been intimated that the instruction no.58 has been issued to all the Zonal Administrators to start the calculation/re-calculation of additional price immediately. The draft calculation of additional price shall be done after holding discussions with Resident Welfare Association/allottees/petitioners at the Zonal level by committee under the Chairmanship of Zonal Administrator, comprising of the following:- (i) Estate Officer of the concerned Urban Estate. (ii) Land Acquisition Officer of the concerned Zone. (iii) District Town Planner of the Urban Estate. Thereafter, these draft calculations will be forwarded to the Chartered Accountant for concurrent audit and committee will re-consider the draft calculation in view of the concurrent audit report. The final calculation of the additional price shall be submitted by the Zonal Administrator to Chief Administrator for approval. Copy of the letter dated 31.01.2019 is annexed as Annexure-R3. 7. That in reference to letter dated 31.01.2019 issued by GEETA RANI 2026.07.03 14:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CWP-11376-2016 (O&M) ( 4 ) Chief Controller of Finance HSVP, Panchkula, the case of petitioners for taking decision on the representation dated 01.05.2018 filed by the petitioners has been sent to Zonal Administrator, HSVP, Rohtak vide this office memo no.568 dated 06.02.2019 and the decision on the representation of the petitioners is yet to be taken by the Zonal Committee very soon as per amended policy dated 14.12.2018 and as soon as the decision is taken by the committee, the same will be conveyed to the petitioners. It is also submitted that in compliance of the directions of the Hon'ble Court, the cost imposed upon the deponent have already been deposited in the Conciliation and Mediation Centre of this Court and Kerala Flood Relief Fund.” 5. It is submitted that a perusal of the above would show that the final calculation is to be done by the Zonal Administrator and the same is to be submitted to the Chief Administrator for approval and that even the representation dated 01.05.2018 filed by the petitioners has been sent to the Zonal Administrator, HSVP, Rohtak, vide its office memo No.568 dated 06.02.2019 and the decision on the representation of the petitioners is yet to be taken by the Zonal Committee as per amended policy dated 14.12.2018. 6. Learned Senior counsel for the petitioners has submitted that the petitioners be granted an opportunity of personal hearing by the Zonal Committee, so that the matter with respect to the charging of the enchanced compensation amount is finalized. GEETA RANI 2026.07.03 14:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CWP-11376-2016 (O&M) ( 5 ) 7. Learned counsel for respondents No.2 to 4 has submitted that they would give opportunity of personal hearing to the present petitioners while considering their representation and the Zonal Committee would take a final decision on the same and would carry out the final calculation in a time bound manner and the same would also be further forwarded to the Chief Administrator who would also take a final decision on the same in a time bound manner. 8. Keeping in view the above said facts and circumstances as well as fair stand taken on behalf of petitioners as well as respondents No.2 to 4, the present writ petition is disposed of with the following observations/directions:- (i) The Zonal Level Committee, under the Chairmanship of Zonal Administrator and which, as per affidavit dated 07.02.2019 comprises of the Estate Officer of the concerned Urban Estate, Land Acquisition Officer of the concerned Zone and the District Town Planner of the Urban Estate, would take a final decision on the representation dated 01.05.2018 filed by the petitioners with respect to the calculation and on the aspect as to what amount is payable by the petitioners on account of enhanced compensation. The said decision would be taken after providing an opportunity of hearing to the petitioners or their authorised representatives, as expeditiously as possible, preferably within a period of two months from the date of receipt of certified copy of this order. (ii) It is made clear that the Zonal Level Committee would give detailed calculations in arriving at the amount payable by the petitioners. GEETA RANI 2026.07.03 14:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh CWP-11376-2016 (O&M) ( 6 ) (iii) The Zonal Administrator would submit the final calculation of the amount payable by the petitioners to the Chief Administrator for approval, who would pass a final order within a further period of one month from the date of the receipt of the abovesaid final calculation. (iv) This Court has not opined on the merits of the calculation of the amount due and it would be open to both the parties to raise, all the pleas available to them, before the Committee, which would consider the same independently, in accordance with law. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE 01.07.2026 Geeta Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2026.07.03 14:39 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court at Chandigarh