Vinod Kumar & Anr. vs The Haryana Real Estate Appellate Tribunal, Chandigarh & Ors.

“Civil Writ Petition under Article 226 of the Constitution of India, for issuance of a writ, order or direction, especially in the nature of Certiorari for quashing/modifying the Impugned Order dated 12.02.2026, Annexure P-19, passed by Ld. Haryana Real Estate Appellate Authority, Chandigarh as well as Judgment/Order dated 09.01.2024, Annexure P-16, passed by Ld. Haryana Real Estate Regulatory Authority, Gurugram;

AND

Issue a writ in the nature of Certiorari for quashing/modifying the Impugned letter dated 21.09.2019, Annexure P21, whereby the respondents- Company had demanded a total sum of Rs.28,89,404/-on account of various development charges etc. whereas the same can not be claimed for want of valid possession;

AND

Issue a writ in the nature of Mandamus directing the respondent-Company to pay the Assured Return @ Rs.27,500/- per month from January 2013 till the actual date of handing over the physical possession or till the date of a fresh and valid offer of possession is given to the petitioners, alongwith interest @ 18% per annum;

AND

Issue a writ in the nature of Mandamus declaring declare the offer of possession dated 14.5.2019, Annexure P-8, and document dated 21.9.2019, Annexure P-21, to be null, void and having no effect whatsoever on the liabilities of the respondents-Company and direct the respondent Company to issue a fresh offer of possession to the petitioners;

AND

Further for issuance of writ in the nature of Mandamus declaring that due date of possession of the property was 11.10.2013 i.e. 36 months from the date of MOU dated 12.10.2010 and thus the respondents are liable to deliver the possession on or before 11.10.2013 and further direct the respondent-Company to Identify, ear-mark, allot and handover the physical possession of the office space ad- measuring 500 sq.ft. with proper access from Common Areas and Passages in the premises, without demanding anything from the petitioners, which is not the part of the MOU;

AND/OR

Issue any other appropriate writ, order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of this case.”