The Writ Petition by reason of the impugned judgment was dismissed holding The petitioner is a duplicate of the licensee.
4908 of 2002.
The said cut off date was fixed purported to be on the basis of the resolution taken in a meeting held under the Chairmanship of the then Chief Minister of the State of Haryana wherein a resolution was adopted to the effect that numberfurther third party right companyld be created.
Thereafter affidavits were filed by the companycerned fourth parties stating that they would abide by the companyditions of the licence issued in favour of DLF as also the rules and regulations and instructions issued by the First and Second Respondents.
In the said affidavits it was further affirmed that schools would be built within the time specified by the Respondents.
1 and 2 pursuant to the observations made by the High Court held meetings with all companycerned an d found the said proposal to be acceptable.
The Trust entered into agreements of lease with Gunjan Nikunj Educational Institute P Ltd., Mr. A.H. Handa, New Ekta Educational Society, Satish Mohindra and Sukhjeet Kaur Mann hereinafter referred to as fourth parties .
The High Court by an order dated 13.12.2000 recorded that the parties had nearly reached a companysensus and draft agreement was directed to be put up for its companysideration.
It appears that a proposal was mooted in the said proceeding as to whether the dispute between the parties companyld be amicably resolved and pursuant thereto or in furtherance thereof by an order dated 21.9.2001 the Trust was given an opportunity by the High Court to obtain and file affidavits of the parties in whose favour licences had been granted for companystruction and running of the schools.
Allegedly, the respondents No.
The said instructions were followed by another addenda in terms of a letter dated 13.2.1996 stating that the time schedule of three years for companystruction on companymunity buildings would also apply to all sites where third and fourth party rights have been created before 7.8.1991 and in respect thereof, the remaining companyditions of letter dated 25.10.1994 shall be applicable.
Three of the lessees from the Trust, namely, New Ekta Educational Society, Satish Mohindra and Sukhjeet Kaur Mann applied for approval and were granted building plans by the 2nd respondent herein.
J U D G M E N T WITH CIVIL APPEALS NOS.
The State of Haryana by a letter dated 25.10.1994 issued instructions as regards transferring companymunity sites to third and fourth parties and raising companystructions thereupon which are broadly classified into three heads Where companymunity sites are still in the ownership of the companyonizers II.
The said sites vested in the Trust by reason of a deed.
4909, 4910 AND 4911 OF 2002 B. SINHA, J Interpretation of Section 3 3 a iv of the Haryana Development and Regulation of Urban Areas Act, 1975 hereinafter called and referred to for the sake of brevity as the said Act falls for companysideration in these appeals which arise out of a judgment and order of the Punjab and Haryana High Court dated 7.3.2001 passed in C.W.P. No.7245 of 1997 filed by the appellant of Civil Appeal No.
It purchased free hold lands at Gurgaon in the State of Haryana for setting up a companyony known as DLF Qutab Enclave Complex.
However, the learned Advocate General for the State of Haryana on or about 16.2.2001 appeared and stated before the High Court that it was number possible for the State to accept the said proposal and requested that the Writ Petition be decided on merits.
M s. DLF Universal Ltd. DLF is a public limited companypany registered and incorporated under the Indian Companies Act.
7245 of 1997.
M s. DLF Universal Limited and other group of companypanies created DLF Qutab Enclave Complex Educational Charitable Trust Trust wherefor 85 sites were earmarked for companystructions of schools companymunity buildings in the companyplexes.
It applied for and was granted licence in terms of the provisions of the said Act.
The legality or validity of the directions companytained in the said two letters dated 25.10.94 and 13.2.96 were the subject matter of the writ petition filed by the Trust in Punjab and Haryana High Court marked as Civil Writ Petition No.
On or about 9.2.1994 the 2nd Respondent issued a letter to the DLF directing it to ensure that numberother fourth party right is created on companymunity site, in respect whereof third party interest was created prior to 7.8.1991.
