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Punjab-Haryana High Court
Swarnpreet Kaur And Others vs State Of Haryana And Others on 22 March, 2021 CWP No.6558 of 2021 #1#

IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.

CWP No.6558 of 2021

Date of Decision:-22.03.2021

Smt. Swarnpreet Kaur &Ors.

……Petitioners.

Versus

State of Haryana & Ors.

……Respondents.

CORAM:- HON’BLE MR. JUSTICE JASWANT SINGH
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:- Mr. Aman Pal, Advocate for the Petitioners.

***

JASWANT SINGH, J.

[The aforesaid presence is being recorded through video conferencing
since the proceedings are being conducted in virtual court.]

1. The Petitioner No. 1 & 2-residents of USA, through their power

of attorney holder and Petitioner No. 3-resident of Dwarka New Delhi have

collectively, as allottees of Residential Group Housing Complex, The

Primus at Gurugram, have filed the present writ petition against the State

Authorities – Department of Town and Country Planning, Haryana Urban

Development Authority, State Registrar Firms and Society Haryana, the

developer / Colonizer etc. challenging the grant of Occupation Certificate

dated 19.06.2017 (P-13) and the Completion Certificate dated 28.11.2019

(P-21) by the DTCP Haryana (Respondent No. 3) in respect of the Project
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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developed by Colonizer / Developer DLF Home Developers Limited

(Respondent No. 12); seeking directions to the concerned officials to

conduct an enquiry into management of Project undertaken by Builder; as

also seeking further directions for providing civic amenities and facilities to

the Petitioners at the Project.

2. The Petitioners have relied on various documents regarding the

permission for occupation / completion of the Project in question which

reveal that the Occupation Certificate in respect of the development of

Residential Buildings in the Complex was granted on 07.10.2016 (P-12)

after considering NOC issued by Director Fire Services Haryana, NOC

regarding Environment Clearance, Structure Stability Certificate, Public

Health Functional Report from SE HUDA and Certificate of Registration of

Lifts. In the Certificate (P-12) it was mentioned that the colonizer will be

responsible for the supply of water as per norms till such time the colony is

handed over after final completion or the supply is made available to the

colony by HUDA and till then the potable water will be brought by the

colonizer through tankers, to be charged from the allottees at HUDA rates.

Thereafter, on 19.06.2017 (P-13), the impugned order was

passed wherein Occupation Certificate for community building, shops in

community building, shops and kiosk in the Complex was granted on the

same considerations, for the remaining area of the Complex as admitted by

the petitioners in Para 12 of the Writ Petition. The Occupation Certificate

dated 07.10.2016 (P-12) for the occupation of Residential buildings is not

under challenge in present Writ Petition.

3. The Petitioners have also raised the issue regarding the non

completion of 24 metre sector road outside the Complex and the approach
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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being provided for the Complex through a private road.

The issue regarding the Condominium Association constituted

in respect of the Complex has been raised with reference to the proceedings

before the District Registrar Firms and Societies Gurugram wherein

favorable orders are stated have been passed by the District Registrar in

favour of the Allottees which have been reversed by the State Registrar and

the matter has been remanded to the State Registrar for fresh consideration

after giving opportunity to the parties. The petitioners further mention that

an Administrator has been appointed in the complex for running the

condominium by the District Registrar Firms and Societies Gurugram,

though they are not satisfied even with the appointment of the administrator

referring to the grievances raised by some other allottee. The above orders

by District Registrar / State Registrar Firms and Societies being dealt with

under the provisions of Haryana Registration and Regulations of Societies

Act 2012 in the ordinary process of law are not the subject matter of the

present writ petition.

The Completion Certificate (P-21) is being impugned on the

grounds that there is no approach road by means of sector road, water

supply by HUDA, civic facilities which are stated to be the responsibility of

the private builder till the time the external services are provided by the

Government. The petitioners are questioning the site visits and the

satisfaction recorded by the field officers regarding the development works

present in the complex.

4. During the course of proceedings reference was also made to

the mechanism provided under the ‘Haryana Development and Regulation

of Urban Areas Act, 1975’ (for short “the Act”) wherein any order passed
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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by the Director Town and Country Planning can be appealed against by any

aggrieved person under Section 19 of the said Act. The petitioners

admittedly have not preferred any appeal against the impugned order passed

by the Director Town and Country Planning (Respondent No. 3) towards the

issuance of impugned Occupation Certificate and the impugned Completion

Certificate.

5. In the present case, in the detailed writ petition and the volume

of Annexures annexed therein, the petitioners have not referred to any

deficiency or shortcomings in respect of the execution of the layout plan

within the complex & the execution of the internal development works by

the Colonizer. Whereas, the impugned occupation certificate is a step

preceding the grant of completion certificate wherein the permission to

occupy the buildings based on the site reports rendered by the expert

officials fully aware of the norms and specifications as also the no objection

from the departments like Fire, Environment, Public Health etc. stand

testimony to the satisfaction arrived by the Respondent No. 3 to grant

permission to occupy the building and grant the completion of the project.

No challenge is made to the above reports / NOCs and it is also not disputed

that in terms of above condition, the Colonizer is providing the potable

water through tankers.

6. A reference in this regard to the provisions of relevant Rule 16

of the Haryana Development and Regulation of Urban Areas Act 1976

reveals that the completion certificate, so far as the Colonizer is concerned,

refers to the laying of the Colony as per the layout plan and the execution of

the internal development works according to the approved design and

specifications. Rule 16 of the 1976 Rules provides as under :
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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16. Completion certificate / part completion certificate
[Section 24].-

(1) After the colony has been laid out according to
approved layout plans and internal development works
have been executed according to the approved design and
specifications, the coloniser shall make an application to the
Director in form LC-VIII alongwith a demand draft on account
of Infrastructure Augmentation Charges as per the rates
prescribed in the Schedule-B of these rules if not paid earlier in
accordance with the provision of Section 3(7) of the Act.

(2) After such scrutiny, as may be necessary, the Director
may issue a completion certificate/part completion certificate in
form LC-IX or refuse to issue such certificate stating the
reasons for such refusal :

Provided that the coloniser shall be afforded an opportunity of
being heard before such refusal.

The provision of Rule 16 of the 1976 also does not come to the support of

the Petitioners to press for the onus of the external services and the civic

amenities on the Colonizer so as to stall the grant of the Completion

Certificate once the Colony has been laid as per the layout Plans and the

internal development works have been completed. The said Rule rather

negates the argument of the Petitioners.

7. The petitioners except for the non execution of the external

services have failed to flaw the completion of the colony as per layout plan

and the execution of the internal development works by the Colonizer which

forms the basis for the grant of the Occupation and the Completion

Certificate.

8. The Group Housing Project, “The Primus” pertains to

development on 12.531 acres (P-13 refers) consisting of various towers and

will be having hundreds of allottees. The entire project, its functioning and

development cannot be kept at ransom through a few disgruntled allottees

by invoking the extraordinary writ jurisdiction by disputing the factum of
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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development by norms and specifications certified by the Competent

Authority DTCP Haryana Respondent No. 3 based on on-ground site

inspection reports and NOCs from other competent authorities.

We cannot be unmindful of the fact that the grant of occupation

certificate / completion certificate entails the handing over of the possession

of the apartments, the occupation of the apartments by the allottees, the

conveyance of the title of the apartments to the allottees. The occupation

certificate issued by consideration of the reports of different authorities /

departments cannot be easily interfered with upon the allegations of the

purported or actual violations as it results in serious and grave prejudice to

the settled rights of the residents / apartment owners (running into

hundreds) in their absence, and who perhaps are not even aggrieved by the

alleged / imagined violation, as canvassed by disgruntled elements in

equitable Writ jurisdiction under Article 226 of the Constitution of India,

1950.

9. The counsel for the Petitioners has referred to the judgment of

the Hon’ble Supreme Court in “Balkrishna Ram versus Union of India

and others” (2020) 2 SCC 442, regarding the power of the Judicial Review

of the High Court inspite of the availability of alternative remedy. The issue

in the referred case pertained to the jurisdiction of the High Court under

Article 226 against the decisions of the Armed Forces Tribunal and the facts

as such of the said judgment in the facts of the present case are clearly

distinguishable. Furthermore, the question of adequacy and efficacy of the

alternative remedy would also depend upon the nature of issues involved

and the requirement to go into establishing of facts (as in present case to

establish by intricate and technical aspects if the construction /
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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development has been completed with approved norms and specifications

as certified by the competent authority) as against the complex questions of

law and statutory interpretation being involved. The former has bearing on

the present case in hand as also towards the efficacy and adequacy of the

alternative remedy.

The reliance of the petitioners further on the judgment of this

Hon’ble Court in “Dr Amitabha Sen and Anr versus Raj Singh Gehlot

and others” 2020 (3) RCR (Civil) 145 is on entirely different facts wherein

the alteration of the layout plan of the Colony was questioned and

delicensing of the part of the Complex for another use was held to be

without statutory power and authority. No such issue is being raised or

argued in the present Writ Petition.

10. Faced with the afore-stated observations, the counsel for the

petitioners do not press the present writ petition in respect of the impugned

Occupation and the Completion Certificate granted to the project and sought

liberty to approach the Respondent Authority DTCP and HUDA for the

external services, civil amenities i.e. in respect of the external development

works around the Complex.

11. The oral prayer is accepted and the Writ Petition is disposed of

with liberty to the petitioners in the aforementioned terms. The Petitioners

shall be at liberty to approach the DTCP Haryana, Respondent No. 3 /

HUDA Respondent No. 4 regarding their grievances of the external

services, civil amenities in the general area in question. In case the

petitioners approach said authorities with their aforementioned grievances,

the Respondent No. 3 & 4 authorities are directed to look in the grievances

and consider the same expeditiously, preferably, within a period of four
For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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months from the receipt of such representation.

12. Disposed of in the above terms. No orders as to the costs.

( JASWANT SINGH )
JUDGE

( JASGURPREET SINGH PURI )
JUDGE
March 22, 2021
Vinay
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

For Subsequent orders see RA-CW-115-2021 Decided by HON’BLE MR JUSTICE JASWANT SINGH;
HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
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