Atul Kumar vs State Of Haryana & Ors.

CM-15235-CWP-2026

CWP-20212-2010 (O&M)

“1.

By way of present writ petition, the petitioner is aggrieved of demand notice dated 01.10.2010 (Annexure P-2) whereby EDC charges have been demanded by Municipal Council, Jind.

2.

Counsel for the petitioner has drawn attention of this Court to the clarification issued by Director, Urban Development, Haryana addressed to All Executing Officers/Secretaries, Municipal Councils/Committees, Haryana regarding levy and recovery of development charges, whereby it has been clarified as under:-

“i.

The development Charges are not to be taken afresh for the land/plot for which owners had already paid the charges at the rate applicable at the time of payment The fresh charges against such plots if sold to some other person are also not chargeable at the time of sanction of building plan of the new owner or issuing of NOC for water, sewer and electricity connection.

ii.

Development charges are not chargeable afresh with the sanction of building plan in case a person who had paid the charges once at the time of sanction of building plan and wants to reconstruct the old house/shop constructed earlier.

iii.

Development charges at the current rate are chargeable for the vacant plots/building to be reconstructed in all old regularized area. iv. Development charges are not leviable on the land/building/shop in old towns, colonies, existing prior to 1975 and abadi/colonies existing before the constitution of Municipalties.”

3.

Counsel for the petitioner submits that since the building is in existence prior to the year 1963, no development charges are leviable in terms of clause iv ibid.

4.

When confronted, Mr. Chaudhary prays for time to seek instructions.

5.

On his request, adjourned to 27.07.2026.

6.

To be shown in urgent list.”

“xxx xxxx xxx

2.

That deponent has joined the office of Municipal Council Jind on 25.6.2026. In the present case, writ petitioner has submitted the building plan on 10.12.2008 for sanction. However, the building plan submitted by the petitioner was defected and consequently objections on the proposed building plan were raised by the Municipal Council, Jind vide letter dated 30.12.2008 and the communication of the same was refused by the writ petitioner and thereafter, the notice was pasted on the spot. Thereafter, petitioner has raised the construction over the land without sanctioned building plan. Thereafter, notice under Section 208 of the Haryana Municipal Act, 1973 was issued to him, however, the same was also refused by him and thereafter, the notice under section 208 of the Act was pasted on the spot.

3.

That as per the proposed building plan submitted by the writ petitioner, the petitioner has shown the proposed area 439.09 sq mtrs. from the earlier covered area i.e. 33.36 sq mtrs. Further, in the proposed building plan submitted by the petitioner, he has been shown godown on the Ground Floor and residence on the First Floor. But at the spot he has raised the construction of Godown on ground floor and Banquet Hall on the First Floor. Thus, from the residence cum commercial, petitioner has raised construction of commercial. total Further, the development charged which are being sought are of the increased proposed area. Therefore, in view of the above said submissions, petitioner is liable to pay the Development Charges as applicable. xxx xxxx xxx”