JAWHAR LAL GUPTA, J. - (1.) Pure charity or consuming avarise? Is the petitioner truly a Trust working to promote the cause of education? Or is it merely a 'duplicate' of the respondent 'colonizer' created to fiddle with the figures and collect funds? Do the provisions of the 'Haryana Development and Regulation of Urban Areas Act, 1975' and the Rules permit the licensee to transfer the sites without the permission of the Government? And are the restrictions imposed by the authorities through various 'circulars' arbitrary, illegal and unfair? This is the core of the whole controversy.
(2.) The "DLF Qutab Enclave Complex Educational Charitable Trust" is the petitioner. M/s. DLF Universal Limited - a Public Limited Company (respondent No. 3) is the licensee under the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to as the Act). The petitioner-Trust is the progeny of the respondent-licensee. It alleges that the State Government and the Director, Town and Country Planning, Haryana have arbitrarily refused to recognise "the fourth party interests created in the community sites of the DLF Qutab Enclave Complex. . . . . . by means of Agreement to Lease after 7-8-1991 but before 9-2-1994 and in sanctioning their building plans". As a result, the process of development of the DLF Qutab Enclave Complex in so far as it relates to the construction of the community buildings like schools, Hospitals, dispensaries etc. has been 'stalled'.
(3.) Respondent No. 3 was granted several licences for the development of a residential colony in Villages Chakkarpur, Sikandarpur Ghosi, Shahpur, Sarhul and Nathupur etc. in District Gurgaon. It was named as the DLF Qutab Enclave Complex. The third respondent has entered into an agreement with the second respondent viz. the Director, Town and Country Planning in accordance with the provisions of the Act and the rules. It has executed an agreement in the prescribed pro forma - LC IV. A copy of this agreement has been produced as Annexure P.2 with the writ petition.;