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Judgment
VIKAS BAHL, J. (ORAL)
In the head note of the petition, following prayers have been made:-
“CIVIL WRIT PETITION under Article 226/227 of the Constitution of India for issuance of a Writ in the nature of Mandamus, directing the Respondents to allot alternative plot to the petitioner, in lieu of Plot No.2118-P, Sector 28, Faridabad, which was allotted in lieu of Plot No.45-P, Sector 28, Faridabad, as there is no feasibility of raising construction over the plot, as a sewerage line is crossing through the said plot; And FURTHER, to issue a Writ in the nature of Mandamus, directing the Respondents to refund the total Extension Fees paid by the petitioner till date for Plot No.2118-P, Sector 28, Faridabad, along with interest @ 15% per annum and further refund/adjustment of requisite charges paid to Municipal Corporation, Faridabad, for sanction of Building Plan of the disputed plot, along with Rs.50,000/- paid to Architect and Rs.20,000/- to Plumber for Labour and Storage of Water. And Any other appropriate writ, order or direction, as this Hon’ble Court may deem just and proper, keeping in view the peculiar facts and circumstances of the present case, may also kindly be passed.”
It is undisputed that sewer line had been removed on 17.03.2022 and thus, the petitioner was satisfied with the allotment of plot No.2118, Sector 28, Faridabad. Only issue which is surviving was with respect to extension fee.
Learned counsel for the petitioners has submitted that on the portal, amount which is shown to be outstanding is more than Rs.1 crore.
Learned counsel for the respondents-HSVP has submitted that he has got instructions through e-mail and as per his instructions, portal amount of extension fee which is outstanding against the petitioners is Rs.13,97,911/- and the Estate Officer, Faridabad has forwarded the case of the petitioners for waiver of extension fee w.e.f., 01.01.2015 to 17.03.2022 which waiver amounts to Rs.6,45,981/- and has submitted that thus, the amount due from the petitioners, after approval of the waiver, would only be Rs.7,51,930/-.
Learned counsel for the petitioners has submitted that since final decision is yet to be taken by the competent authority, direction be issued to the competent authority i.e., Chief Administrator, HSVP to take a final decision on the waiver within a period of two weeks from today. It is submitted that within a period of one week from the date on which the final decision is taken and communicated to the petitioners, the petitioners would deposit the said amount of Rs.7,51,930/- but the same be taken as full and final payment with respect to extension fee.
Learned counsel for the respondents-HSVP has no objection to the same.
Keeping in view the abovesaid facts and circumstances and fair stand taken on behalf of the petitioners as well as respondents-HSVP, the present writ petition is disposed of with the following observations/directions:-
The Chief Administrator, HSVP is directed to take a final decision with respect to waiver which has been forwarded by the Estate Officer within a period of two weeks from today.
The final order would be communicated to the petitioners and within a period of one week from the date of communication, the petitioners would deposit an amount of Rs.7,51,390/- which would be taken as full and final payment with respect to extension fee.
It would be open to the petitioners to revive the present writ petition in case any grievance arises.