ABHISHEK SHARMA AND BINTI SHARMA vs SPAZE TOWERS PRIVATE LIMITED

Reportcalculation is received from the Accounts Officer. Copy given. No objections are filed by any of the parties. In view of the order passed by Punjab and Haryana High Court at Chandigarh in case titled as Ms International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022 and Ms International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others 7750 of 2022 recovery certificate is required to be issued. Let recovery certificate be issued to the Collector Gurugram to recover decretal amount as arrears of land revenue. File be sent to Accounts Officer immediately to prepare recovery certificate. Same be got signed from the undersigned. Compliance report be called from Accounts Officer for 19.03.2024.

MATTER IS ADJOURNED TO 12.01.2024.

Matter is adjourned to 18.10.2023.

Arguments heard in part. During deliberations, it remained in dispute that super area of unit in question has been actually increased to 2275 sq. ft. from 2070 sq. ft. Learned counsel for DH requested for permission of JD, to allow him to take measurement of unit, allotted to him, with the help of some architect.                         According to AR of JD  her client has no objection if the DH or any architect etc. appointed by same takes measurement of the area. Rather she offered that JD will also appoint an architect to help DH in this regard. DH is thus at liberty to take measurement of the super area of his unit with the help of his architect. Report in this regard be filed till next date.                           Written submissions are filed by learned counsel for JD.                        To come on 31.08.2023 for further proceedings.

It is pointed out that appeal filed by present JD has been disposed of by the Appellate Tribunal. The Tribunal has directed this forum  to hear the both of the parties, and to deal with the matter elaborately.                           File be put up for next date. To come on 12.07.2023 for arguments/further proceedings.

Learned counsel for DH, requests to issue recovery certificate stating that this is matter for recovery. Vide order dated 15.11.2022, objections filed by JD have already been dismissed.                            This is a petition seeking execution of order passed by the Authority, in favour of DH/complainant. The authority through an order/resolution dated on 16.03.2022 delegated its powers to this forum to execute its orders. As per judgment of Hon’ble High Court of Punjab & Haryana, Chandigarh, in case tilted as M/s International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others CWP 7750 of 2022 for recovery of amount, in execution recovery certificate is required to be issued to the collector concerned. let file be sent back to the authority with a request to issue  recovery certificate/further orders.                             Be put up before the Authority on 01.03.2023.

MATTER IS ADJOURNED TO 23.01.2023.