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2025 DAILYLAW 98680 (PNJ)

M/S ATS INFRASTRUCTURE LTD v. STATE OF PUNJAB AND OTHERS

CWP/25072/2023 · 2025-04-02

Sudhir Singh, Sukhvinder Kaur

body2025

Judgment text

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CWP-25072-2023 (O&M) & connected matter -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 02.04.2025 1. CWP-25072-2023 (O&M) M/s ATS Infrastructure Limited, ATS Golf Meadows-I ...Petitioner Versus State of Punjab and others ...Respondents 2. CWP-25063-2023 (O&M) M/s ATS Infrastructure Limited, ATS Golf Meadows-II ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present: Mr. Aashish Chopra, Senior Advocate, with Mrs. Varun Aryan Sharma, Advocate, and Ms. Radhika Sharma, ADvocate, for the petitioner(s). Mr. Kuljit Singh, Addl. A.G., Punjab, for respondent Nos. 1 to 3. Ms. Brea Sandhu, Advocate, For Ms. Deepali Puri, Advocate, for respondent No.4. *** AJAY PRASHER 2025.04.11 12:05 I attest to the accuracy and integrity of this document CWP-25072-2023 (O&M) & connected matter -2- SUDHIR SINGH (ORAL) This order shall dispose of CWP-25072-2023 and CWP-25063-2023 together as common questions of law and facts are involved in both the petitions. 2. By way of the present writ petition(s), the petitioner (M/s ATS Infrastructure Limited) has sought issuance of an appropriate writ in the nature of certiorari for quashing the final order(s) dated 28.09.2023 (Annexure P-1) passed by respondent No.2, whereby demand for deposit of External Development Charges (EDC) has been raised from the petitioner. 3. Learned senior counsel for the petitioner(s), after arguing for some time, seeks permission to withdraw the present petition(s) with liberty to avail appropriate remedy under Section 34 of the Punjab Apartment & Property Regulation Act, 1995, by filing revision(s) before the competent authority against the impugned order(s). He further points out that whatsoever is the demand raised by the authority concerned, the same may be confined only to the projects in question and should not be taken with other independent projects being carried out by the petitioner-company. 4. Dismissed as withdrawn with liberty aforesaid. 5. In case, any such revision is filed by the petitioner within a period of 60 days from today, the same shall be considered on its own merits and appropriate order(s) be passed thereon in accordance with law without being AJAY PRASHER 2025.04.11 12:05 I attest to the accuracy and integrity of this document CWP-25072-2023 (O&M) & connected matter -3- prejudiced by this order. The authorities concerned shall ensure that any demand(s) subject matter to the present petition(s), should be confined to the present project(s) only. 6. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (SUKHVINDER KAUR) JUDGE 02.04.2025 Ajay Prasher Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY PRASHER 2025.04.11 12:05 I attest to the accuracy and integrity of this document