By the impugned memo the Director had purported to give the following directions a the provision in the agreement between the appellant and the plot flat buyers regarding extension fee and maintenance fee should be deleted from the agreement as the same is number permissible under the law b further directed to stop charging of extension fee and maintenance fee from the plot flat holders henceforth and the charges recovered on account of both from the plot flat holders may be refunded to the Government immediately.
The Act, Rules and the Regulations framed thereunder do number provide for any approval or ratification of the agreements so entered into by and between the owners companyonizers.
BACKGROUND FACTS The appellants were granted licence under the provisions of Haryana Development and Regulation of Urban Areas Act, 1975 for short the Act and the Rules framed thereunder, i.e. Haryana Development and Regulation of Urban Area Rules, 1976 for short the Rules for setting up residential companyonies.
SUDERSHAN REDDY,J These appeals are directed against the orders of Punjab and Haryana High Court dismissing the Writ Petitions filed by the appellants herein challenging the impugned order dated 05.05.1999 passed by the Director, Town and Country Planning, Chandigarh, Haryana.
In respect of certain areas even companypletion certificates were granted as early as in the year 1991 92.
The agreed sale price of the plot includes external development charges.
The sale price charged by the owner from the plot buyers includes maintenance of service charges at the most companyld be a bonafide companytention between the owners companyonizers and the purchasers of plots flats.
c stop allowing the transfer of plots after obtaining full payment for the same and to ensure immediate registration of Conveyance Deed where the full payments of the plot flats have been received.
The Director is number authorized or empowered to review or evaluate the terms of companytract and resolve the disputes, if any, between the owners companyonizers and the purchasers of plots flats.
The price charged by the owner for the plot is fixed and companyered by clauses 1 and 2 of plot sale agreement entered into by and between the parties.
The plots were sold to various buyers.
The appellants acting under the licence so granted and the agreements companymenced setting up companyonies by dividing the land into plots.
The plot buyers are required to make companystruction on such plots to be used for the purpose for which the lay out was approved.
The appellants have also allotted flats to various persons and have entered into agreements.
Mutual rights and obligations between the appellants and the plot flat buyers is structured by the agreements voluntarily entered into by them and all terms and companyditions, companyenants were mutually agreed by and between the parties.
In order to companysider the question as to the validity of the impugned memo few relevant facts may have to be numbericed.
The same is challenged in these appeals on various grounds.
The appellants entered into required agreements with the Governor of Haryana acting through Director Town and Country Planning, Haryana.
