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CWP-9906-2017(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***
CWP-9906-2017(O&M)
Date of decision : 03.09.2026
Dr.Darshan Malik
... Petitioner
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
HON’BLE MS. JUSTICE DIVYA SHARMA
Present: Mr.Hemant Bassi, Senior Advocate with
Ms.Gursimran Kaur, Advocate,
Ms.Saloni Chhabra, Advocate
for the petitioner.
Mr.Deepak Bhardwaj, Addl. A. G. Haryana.
Mr. Deepak Balyan, Advocate and
Mr.Kapil Dhundhwal, Advocate
for respondent-HSVP.
VIKAS BAHL, J.(ORAL)
1.
In the present writ petition, following prayers have been made:-
“i) Civil Writ Petition under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction especially in the nature of Certiorari or any other appropriate writ, quashing the impugned statement of account dated 6.12.2016 (Annexure P-10) whereby a sum of Rs.31,09,232/- was shown outstanding towards the petitioner and also statement of account dated 25.1.2017 (Annexure P-13) whereby sum of Rs.31,77,176/- has been shown as outstanding towards the petitioner; ii) Further issuance of an appropriate writ order or direction in the nature DAVINDER KUMAR 2026.09.07 14:25 I attest the accuracy and authenticity of this order /
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CWP-9906-2017(O&M) 2
of Certiorari or any other appropriate writ, quashing the impugned illegal demand of Rs 31,77,176/- which respondent claims as outstanding amount on basis of increased area cost as the petitioner had cleared her account till the year 2015 and any such demand cannot have a retrospective effect; iii) Further issuance of an appropriate writ, order or direction especially in the nature of Certiorari or any other appropriate writ, quashing the impugned demands made by the respondents from the petitioner vide memo dated 10.2.2012 (Annexure P-4) and Memo dated 13.12.12 (Annexure P-5) whereby illegal demands in the name of enhanced price were demanded and charged from the petitioner and further directions to respondents to refund the same; iv) Further issuance of appropriate writ, order or direction especially in the nature of a Writ of Mandamus or any other appropriate Writ/ Order/ Direction, directing the to waive off any such illegal demand of Rs 31,77,176/- which it claims as outstanding amount on basis of increased area cost;
And v) For issuance of any other order or relief which this Hon'ble Court may deem fit in the facts and circumstances of the present case.”
2.
On 07.08.2026, this Court was pleased to pass the following
order:-
“Present: Mr. Hemant Bassi, Sr. Advocate with
Ms. Saloni Chhabra, Advocate and
Ms. Gursimran Kaur, Advocate for the petitioner.
Mr. Deepak Bhardwaj, Addl. A.G. Haryana.
Mr. Deepak Balyan, Advocate for respondent Nos.2 and 3.
****
On 30.07.2026, this Court had passed the following order:-
“Present: Petitioner-Mrs. Darshan Malik in person.
*****
The petitioner, who is appearing in person, has highlighted the order dated 28.02.2020 passed by the Coordinate Division Bench of this Court, which is reproduced as under:
“Present:- None for the petitioner (s).
DAVINDER KUMAR 2026.09.07 14:25 I attest the accuracy and authenticity of this order /
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CWP-9906-2017(O&M) 3
Mr. Ankur Mittal, Addl. AG, Haryana.
Mr. Deepak Balyan, Advocate, for
respondents No.2 and 3.
****** CM-13166-CWP-2019 Allowed as prayed for and rejoinder is taken on record. CWP-9906-2017
According to Mr. Balyan, calculations have not been made retrospectively but from the year 2016 when the additional area was detected in the plot in question. HUDA is entitled to recover the same. Counsel for the petitioner is not present. In the interest of justice, adjourned to
11.5.2020. Interim order to continue till the next date of hearing whereafter it shall stand vacated in case arguments are not addressed. February 28, 2020”
The petitioner has submitted that she would be satisfied in case the respondents stick to the stand taken on 28.02.2020.
None has appeared on behalf of the respondents.
Adjourned to 07.08.2026.
To be taken up after the urgent list. 30.07.2026”
Learned Senior Counsel for the petitioner has submitted that the allotment of plot measuring 420 square meter was made on 18.11.2002 for a total consideration of Rs.24,86,490/-. It is submitted that subsequently, the amount was enhanced and the enhanced amount of compensation was also paid to the respondents and they duly accepted the same. It is further submitted that subsequently, the area of the plot was increased by 69.53 square meter on 28.03.2016 for which an amount of Rs.12,28,663/- was demanded by the respondents, which was also paid by the petitioner on
30.05.2016. It is further submitted that in spite of all the abovesaid payments made, the respondents on the portal have shown that there is an outstanding amount of Rs.31 lacs, for which there is absolutely no justification. It is submitted that although no further amount is due from DAVINDER KUMAR 2026.09.07 14:25 I attest the accuracy and authenticity of this order /
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the petitioner, but the petitioner in order to end the litigation is ready to abide by the statement made on 30.07.2026.
Learned Senior counsel for the petitioner has further submitted that even the calculations which have been mentioned at running page No.89 in the written statement filed on behalf of the respondent Nos.2 & 3 are also very vague and it is also not clear as to on which basis the excessive amount is sought to be charged from the petitioner. It is submitted that there are several other issues in the present petition, which would be agitated in case the respondents do not take a fair stand and abide by the statement made earlier.
In the said circumstances, learned counsel appearing for the respondents prays for one last adjournment to get full and proper instructions.
Adjourned to 03.09.2026.
If the matter is not resolved, then, the Administrator, HSVP, Gurugram is directed to appear before this Court through Video Conferencing on the next date date of hearing.
To be taken up after urgent list. 07.08.2026”
3.
Learned counsel for the respondents-HSVP has submitted that in pursuance of the said order, they have prepared a chart showing the amount outstanding and the said chart is handed over to the Court during the course of hearing, which is taken on record as Mark A. It is submitted that as per the said chart the amount of Rs.2,06,934/- has been found to be due to the petitioner which the petitioner has agreed to pay. It is submitted that in case the petitioner pays the amount within a period of 10 days from today, then, the same would be considered as full and final payment.
4.
Learned senior counsel for the petitioner has submitted that the petitioner would make the said payment within a period of 10 days from today.
DAVINDER KUMAR 2026.09.07 14:25 I attest the accuracy and authenticity of this order /
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5.
Keeping in view the above said facts and circumstances and the fair stand taken on behalf of the petitioner and the respondents-HSVP, the present petition is disposed of with the observation that in case the petitioner makes the payment of the above said amount within a period of 10 days from today, then, the same shall be construed as full and final payment with respect to plot in question.
6.
Pending application, if any, stands disposed of in view of the abovesaid order.
(VIKAS BAHL)
JUDGE
(DIVYA SHARMA)
JUDGE September 03, 2026. Davinder Kumar
Whether speaking / reasoned
Yes/No
Whether reportable
Yes/No
DAVINDER KUMAR 2026.09.07 14:25 I attest the accuracy and authenticity of this order /
judgment