- (1.) The petitioner has sought a writ of Certiorari for striking down and declaring Part IV-A of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965 (for short the Rules'), more particularly Rules 26-C, 26-D and 26-E as ultra vires of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (for short the Act'). Challenge is also to the order dated 21.10.2011 demanding External Development Charges (for short the EDCs'), as a condition for permission to change of land use.
(2.) The petitioner is a Company incorporated under the Companies Act, 1956. The petitioner has purchased the land measuring 13 kanals 2 marlas situated in village Mewla Maharajpur, Tehsil and District Faridabad, vide registered sale deed dated 7.9.2005 from M/s Escorts Limited. The land purchased by the petitioner formed part of controlled area under Section 4 of the Act.
(3.) Earlier M/s Escorts limited applied for change of land use in the year 1991, which was allowed vide letter dated 26.3.1993 (Annexure P.9) on the conditions, inter-alia, to the following effect:- "(i) That you will have to pay conversion charges @ Rs.2/- per sq. yards on the total land measuring 13 kanal 2 marla (7611.6 sq. yards) and also give an undertaking on the nonjudicial stamp paper to the effect that as and when the Govt./HUDA/F.C.A., Faridabad, will enhance the conversion charges the same will be payable by you, duly attested by the First Class Magistrate. (ii) XXX XXX XXX (iii) That an amount of Rs.33,865/- be deposited with the Admn. towards composition fee for the following unauthorized constructions existing at your site:- (iv) That you will pay External Development Charges @ Rs.4.5 lacs per gross acre on land measuring 13 K-2 marla.";