SUNCITY PROJECTS PVT. LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has sought a writ of certiorari to quash clause-23 of the Letter of Intent dated 11.12.2013 issued by respondent No.2 granting the petitioner a licence for setting up a "Affordable Group Housing Colony" on land admeasuring 5 acres. The petitioner also seeks a writ of certiorari to quash the policy/instructions dated 17.06.2010 to the extent that it provides that no government dues namely licence fee, conversion charges, Infrastructure Development Charges (IDC), shall be refunded and that the interest accrued due to non-payment of government dues as well as External Development Charges (EDC) shall be recovered in the event of surrender/conversion of a licence. Having paid the amount, purportedly under protest, the petitioner has sought a writ of mandamus for refund thereof together with interest or adjustment thereof against other dues.

(2.) On 16.07.2008, the respondents had granted the petitioner a licence No.141/2008 under the Haryana Development and Regulation of Urban Areas Act, 1975 (for short 'the Act') and the Rules framed thereunder for setting up an IT Park in Gurgaon in respect of land admeasuring 14.168 acres. The licence was valid upto 15.07.2010. A bilateral agreement under the provisions of the Act was entered into between the petitioner and respondent No.2 which inter-alia provided for the payment of EDC by the petitioner.

(3.) Respondent No.1 issued instructions dated 20.04.2010 to the second respondent which read as under:-