HEMANT GUPTA, J. (Oral)
The challenge in the present writ petition is to an order passed by the Additional Chief Secretary, Government of Haryana, Town and Country Planning Department on 29.08.2014 whereby claim of the petitioners for refund of conversion charges deposited by the petitioners in excess of Rs. 30/- per square meter was declined.
Admittedly, on the day when the petitioners applied for change of land use, the conversion charges were Rs. 80/- per square meter. The petitioners have deposited such amount and on deposit of such amount alone the request for change of land use was considered.
The argument of learned counsel for the petitioners is that on the date when permission for change of land use was granted, the conversion charges were Rs. 30/- per square meter. Therefore, the petitioner is entitled to difference of the amount deposited and the amount chargeable.
We do not find any merit in the said argument. The application for change of land use could be entertained only if the petitioners deposit the charges to seek change of land use. On the said date, conversion charges were Rs. 80/- per square meter.
Since the application could be entertained only on deposit of the charges, the petitioners cannot claim that charges applicable on the date of permission are to be applied as to the rates which were applicable on the date of application which are relevant and not the date when permission is granted.
In view thereof, we do not find any merit in the present writ petition.
Dismissed.
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