Mohali: The Punjab and Haryana high court has set aside Gmada’s additional demand of Rs 7,845 per square yard (Rs 9,382 per square metre) raised from residential plot allottees in Sector 83 Alpha under the IT City Scheme, holding that the demand could not be sustained due to violation of the principles of natural justice.Allowing a writ petition filed by the allottees, the court quashed the impugned demand notice but left the merits of Gmada’s claim open. The authority has been granted liberty to issue a fresh demand after following due process and complying with directions issued earlier by a Coordinate Bench in the Surinder Singh case.The petitioners had challenged the calculation and demand approved by Gmada in its 38th meeting under agenda item no. 38.18. They argued that the authority had imposed the additional charge by invoking provisions in the allotment letter relating to enhancement of compensation for land acquired for the scheme.The court, however, did not examine whether Gmada was entitled to recover the enhanced compensation. Instead, it ruled solely on the procedural aspect, finding that the principles of natural justice had not been followed while raising the demand.A division bench comprising Justice Jasgurpreet Singh Puri and Justice Pravindra Singh Chauhan clarified that the order should not be construed as a finding against Gmada’s entitlement to recover enhanced compensation.The bench observed that no opinion had been expressed on the merits of the dispute and that Gmada remained free to exercise its statutory powers. However, any fresh demand, the court said, must be raised strictly in accordance with law and after following the prescribed procedure.The ruling provides immediate relief to allottees of residential plots in Sector 83 Alpha, while leaving the door open for Gmada to revisit the issue through a legally compliant process.
