Arun Palli, J. - (1.) A writ in the nature of certiorari is prayed for, to quash the order dated 06.11.2013 (Annexure P19), rendered by respondent No. 2, vide which Group Housing Plot No. 76, Sector 56, Gurgaon, allotted to the petitioner -Society, had since been cancelled and the site has been ordered to be re -advertised for fresh allotment.
(2.) A brief narrative of the controversy that has led the parties to the current stage, would be imperative. Petitioner i.e. Swaran Jyoti, EWS Co -operative Group Housing Society Ltd., applied to Haryana Urban Development Authority (HUDA), Panchkula, Haryana (respondent No. 3), for allotment of land under the EWS (Economically Weaker Section) category. On a consideration of the claim of the petitioner, respondent No. 3 decided in principal to allot 4000 sq.mtrs. of land to the petitioner in Sector 54, 55 and 56 at Gurgaon. Accordingly, the Letter of Intent dated 26.03.1999 (Annexure P4) was issued and the petitioner -Society was required to complete the entire documentation and meet certain pecuniary demands. On compliance, a formal agreement dated 19.05.1999 (Annexure P5) was executed between the petitioner - Society and respondent No. 3. Accordingly, a formal letter of allotment dated 16.02.2000 (Annexure P6), whereby plot No. 76, Sector 56, Gurgaon, admeasuring 4852 sq.mts., was allotted to the petitioner -Society, on freehold basis, under Group Housing Scheme, 1998 (for short 'the 1998 Scheme') was issued. The actual physical possession of the plot was handed over to the petitioner -Society on 12.12.2000. Construction at site commenced in the year 2001 and was completed in the year 2004. Petitioner -Society applied for Occupation Certificate on 03.01.2005, which was granted on 23.03.2007 (Annexure P9). That being so, a formal Conveyance Deed was also executed by respondent No. 3, through its Estate Officer, in favour of the petitioner -Society on 06.03.2007 (Annexure P8). A comprehensive policy dated 02.01.2009 (Annexure P10) was framed by respondent No. 3, which provided for altering the number and sizes of dwelling units, transfer of membership, increase in FAR etc.
(3.) A news item appeared in the newspaper "Hindustan" on 18.01.2012 and reported regarding the cracks that had appeared in the balconies of many of the flats in the Society. Resultantly, the Administrator, HUDA, Gurgaon, vide communication dated 25.01.2012 to the Estate Officer -II, HUDA Gurgaon, sought a Structure Report, from the Management of the petitioner -Society for necessary action. Resultantly, the petitioner -Society obtained a Report dated 27.04.2012 (Annexure P12) from ARCEE Associates, who opined that the building in question was unsafe and recommended vacation of the premises with immediate effect. A general body meeting of the petitioner -Society was convened and all the members reached a consensus to demolish the old building and raise a new structure of current design and parameters. Being conscious of the fact that original 44 members of the Society would not be able to bear the burden of the current cost of construction, it was also resolved to enrol additional members and request HUDA - respondent No. 3 to permit the petitioner -Society to build more flats. Accordingly, vide representation dated 15.05.2012, addressed to the Chief Administrator, HUDA, petitioner -Society sought permission; (a) to increase in the number of its original members from 44 to 126, (b) to increase the size of dwelling units from 35 sq. mtrs. to 67.38 sq. mtrs. and (c) to increase FAR from 150% to 175%, in accordance with the settled norms and precedents.;