- (1.) The short point involved in the present writ petition is as to whether the petitioner-society is entitled to claim 20% rebate in the additional price of the land/plot, as demanded by the respondents, on account of enhancement of compensation awarded on culmination of proceedings under the Land Acquisition Act, 1894 (for short, the Act ).
(2.) The brief facts of the case are that the petitioner namely Hermitage Co-operative Group Housing Society Limited applied for allotment of plot/site in terms of advertisement/sale brochure issued by the Estate Officer, HUDA, Gurgaon. The brochure (Annexure P-2) provides 20% rebate in the land cost if the society completes the building work within three years and 10% rebate in the land cost if it completes the same within four years of the date of handing over of possession. The relevant clause of the Group Housing Scheme, 2003 reads as under:- 1.3. Rebate The society/organization would be given a rebate of 20% in the land cost if it completes building work within 3 years and 10% if it completes the same within 4 years of the date of handing over the possession i.e. on the day unmettaled road, water supply and approved zoning plan are made available by HUDA. The amount of rebate shall be adjusted towards the future installments.
(3.) Respondent no.3 issued letter of intent dated 30.1.2004 (Annexure P-3) for allotment of land to the petitionersociety i.e. plot No.GH-2, Sector 28, Gurgaon. Subsequently, the petitioner-society was also issued allotment letter on 28.6.2004 (Annexure P-4) on the laid down terms and conditions. The relevant clause D of the letter of intent dated 30.1.2004 reads as under:- D) Period of construction and rebate in the cost of Land: The construction of the houses flats shall have to be completed within 5 years of the date of offer possession i.e. the day on which unmatteled approach road and water supply to the site and approved zoning plan of the site is made available by HUDA to the Societies Organizations. (i) However, if the society/organization completes the Construction within three (3) years of the date of possession as mentioned above 20% rebate on price of land would be given and would adjusted towards the future installments. (ii) However, if the society/organization completes the Construction within four (4) years of the date of possession as mentioned above 10% rebate on the price of land would be given and would be adjusted towards the future installments. ;