HC seeks fresh affidavit from Panchkula DC on Amravati Enclave residents’ plea
The plea also alleged that due to withholding of required details about revenue records by the developer, plots have not been transferred to plot buyers names till date
Dissatisfied with the response to a plea from Amravati Enclave residents, the Punjab and Haryana high court has sought a fresh affidavit from the deputy commissioner of Panchkula. Amarnath Investment Private Limited, the firm carrying out this project, also has Kulbhushan Goyal, mayor of Panchkula, as one of its promoters.
The high court bench of justice AG Masih and justice Vikram Aggarwal, while posting the matter for July 20, asked the commissioner to file a fresh response within four weeks.
The plea, filed in 2018, was from 27 residents including Col (retd) BS Rangi. It alleged various deficiencies in the project. The high court, acting on the plea, had directed authorities to look into the matter. In response, tehsildar, Kalka, in an affidavit filed on behalf of the commissioner had submitted that the petitioners have grievances against the developer. The local administration has no concern with the said amenities as they are to be provided by the colonizer and not the administration. There is no valid cause of action against the answering respondents (DC and other officers), the affidavit stated.
The licence to develop the project was secured by the developer in 1996 for group housing colonies in Bhagwanpur, Islam Nagar and Chandimandir. Most of the plots were sold between 2004 and 2007. The allegations are of non-maintenance, non-construction of community buildings, non-completion of colony, reduction in community facilities, non construction of electric substation etc, the plea says. It adds that all these findings were also in a government panel report which looked into the matter after a high court order in 2016.
The plea also alleged that due to withholding of required details about revenue records by the developer, plots have not been transferred to plot buyers names till date.
In 2017, the Deputy Commissioner was asked take necessary action. But the colonizer has failed to transfer the title of land to plot-holders, it was submitted.
The court observed that the affidavit filed by the DC does not satisfy the requirements of the order, enforcement of which the petitioners are claiming. “A specific responsibility was cast upon the DC, Panchkula, to deal with the aspect of the mutation of the plots which have been projected by the petitioners,” it said, adding that the DC has “washed its hands of the responsibility,” stating that the clause in plot registration, conveyance deed, non-construction or mutation by revenue authorities is not concerned with the DC.
The court observed that the responsibility was cast upon the DC and stand taken by the DC appears to be in a manner of “non-application of mind”, which is not acceptable.