Gurgaon Institutional Welfare Association v. Haryana Urban Development Authority (Huda)
Case brief
What is this about?
The Commission rejected HUDA's plea that it is a sovereign authority, holding it is an enterprise. However, finding the non-transfer policy served public interest, the Commission held no contravention of Section 4.
What did the court decide?
Commission directed the Secretary to forward the order to parties; no penalty was imposed.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 94 of 2016
In Re: Gurgaon Institutional Welfare Association Informant 34/35, Village Sukhrali, Gurugram, Haryana And: Haryana Urban Development Authority (HUDA), Plot No. C-3, Sector 6, Panchkula, Opposite Party Haryana CORAM: Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member Appearances: For Informant: Mr. Anil K Aggarwal, Advocate Ms. Ananya Madhusudan, Advocate Mr. Vinod Jain, Authorised Representative For HUDA: Mr. Alok Sangwan, Advocate
Page 1 of 35
Case No. 94 of 2016
Order
Introduction
- The information in the present case was filed by Gurgaon Institutional Welfare Association ( ‘Informant/GIWA’ ) under Section 19(1) (a) of the Competition Act, 2002 ( ‘Act’ ) against Haryana Urban Development Authority [now Haryana Shahari Vikas Pradhikarna] ( ‘HUDA’/‘HSVP’/‘OP’ ) alleging contravention of the provisions of Section 4 of the Act.
Background
Issues for consideration
2 issues framed by the court
Whether HUDA is an enterprise under Section 2(h) of the Competition Act.
Whether HUDA's refusal to permit transfer of institutional plots amounts to abuse of dominant position.
Parties & counsel
- petitioner
Gurgaon Institutional Welfare Association
- respondent
Haryana Urban Development Authority
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1
- Order 2 — this page
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