- (1.) This order shall dispose of aforementioned two writ petitions i.e. CWP No.23486 of 2014 filed by 21 petitioners and CWP No.23487 of 2014 filed by one petitioner, claiming a writ of mandamus for directing respondent Nos.1 to 3 to initiate proceedings against respondent Nos.4 to 9.
(2.) All the petitioners are allottees of floors in a Group Housing Project namely Era Divine Court, Sector 76, Faridabad. As per the petitioner, the license of development of such colony was granted for constructing 2224 residential units including 334 units for Economic Weaker Section and 220 as Service units. 856 units are for low rise building i.e. 272 units are of 1225 sq. feet and 584 units are of 890 sq. feet and remaining in high rise building. It is also pleaded that the petitioners are allottees of units out of 856 units of low rise building and that the units are almost complete, but even though they have paid the entire price, the possession of the units have not been handed over to the petitioners.
(3.) It is further averred that the petitioners have entered into an agreement with respondent No.4, but the said respondent is neither the owner of the land nor have the license to develop the complex. It is alleged that on 25.07.2006 license was granted to respondent No.8, its holding company respondent No.7 and six other associate companies of respondent Nos.7 & 8. There was a Memorandum of Understanding arrived at between respondent Nos.7 & 8 with respondent No.4 on 09.12.2006. In pursuance of such Memorandum of Understanding, a Development Rights Agreement was signed on 13.04.2007 transferring rights in respect of land measuring 26.619 acres. It is contended that the transfer of license or the arrangement arrived at between respondent Nos.7 & 8 with respondent No.4, is without the knowledge or permission of the Director General, Town & Country Planning Department, Haryana respondent No.2 and that respondent No.4 deceived thousands of middle class buyers into parting with their hard earned savings to purchase floors though the said respondent was not legally authorized to develop or deliver. It is further averred that a show cause notice (Annexure P-5) has been issued by the Director General, Town & Country Planning Department, Haryana to respondent No.8 on 27.12.2013 questioning the illegal transfer of part of the project to respondent No.4 and non-compliance of other rules of the Haryana Development and Regulation of Urban Areas Rules, 1976, but no decision has been taken, affecting rights of the petitioners. In reply to the show cause notice, the stand of respondent No.8 is that the transfer was permissible.;