Krishna Rubber Private Limited vs Administrator, H.U.D.A. and Others

N.K. Sodhi, J.—Petitioner has filed Civil Miscellaneous Application No. 10189 of 1993 with a prayer that the respondents be directed to issue a completion certificate in regard to the construction already made by it. Notice of this application was issued to the respondents for today. On the joint request of counsel for the parties, the writ petition itself is being disposed of.

By an order dated July 7, 1990 the industrial plot allotted to the petitioner was resumed u/s 17(4) of the Haryana Urban Development Authority Act, 1977 on the ground that the petitioner failed to complete the construction of the factory premises within three years from the date of allotment or within the extended period which expired on March 2, 1990. The appeal filed by the petitioner against the order was dismissed by the Administrator on October 8,1990. Both these orders were impugned in the present writ petition.

It is common case of the parties that construction of the premises has since been completed. It is for this reason that the petitioner filed the present application for the grant of a completion certificate which according to it was not being granted because of the pendency of the writ petition.

After hearing counsel for the parties and keeping in view the fact that the construction has since been completed the impugned order of resumption and the appellate order (Annexures P-10 and P-12 with the writ petition) are quashed. It is, however, made clear that it will be open to the respondents to recover the extension fee, if any, if not already paid, that may be due from the petitioner upto the date of resumption. The respondents are also directed to consider the request of the petitioner for the grant of a completion certificate and dispose of the same expeditiously in accordance with law. The writ petition accordingly stands allowed with no order as to costs.