CHANDIGARH ADMINISTRATION Vs. NEERA GOYAL

JUDGEMENT

(1.) This bunch of appeals has been filed by the Administration of the Union Territory, Chandigarh, assailing the judgment of the learned Single Judge, dated 7th April, 2011, passed in C.W.P. No. 12796 of 2008, (titled as Ms. Neera Goyal v. Chandigarh Administration & Ors.) and connected cases. Along with the bunch of appeals filed with the Administration (and one by a writ petitioner), C.W.P. No. 1279 of 2008 has also been tagged. We have dealt with it separately, at the end, as the issue, though definitely connected with the main issue of rate of conversion fee, also has an additional basic issue involved in it. The facts, largely common, were referred to from L.P.A. No. 2053 of 2011 by the learned Senior Standing Counsel for the appellant; however, since the learned Counsel for the respondents had addressed arguments on the general issue of conversion fee, the matter has been dealt with by us on the issue of the validity of the enhanced conversion fee as a whole and not from any particular appeal before us.

(2.) The respondents in these appeals are those persons who sought conversion of usage of their industrial plots for commercial purposes, in terms of a scheme notified by the Administration, i.e. the present appellant, on the 19th of September, 2005, laying down certain terms and conditions for such conversion. Such conversion could be granted, subject to all conditions, upon payment of a fee. As per Clause 2 of the Notification, it was to come into force from the date of its publication in the official gazette and was to remain in force for a period of 2 years.

(3.) The scheme was termed as the "Chandigarh Conversion of Land Use of Industrial Sites into Commercial Activity/Services in Industrial Area, Phase-I and II, Chandigarh Scheme 2005" and was promulgated under the Capital of Punjab (Development and Regulation) Act, 1952.