Disposed

Pankaj Aneja and Anr. v. HUDA and Ors.

Punjab & Haryana HC28 May 2014CWP/10673/2014

Case brief

AI extract

What is this about?

The Court directed Haryana Urban Dev. Authority to hand over possession of an allotted plot or consider an alternative allotment. The authority was given one month to deliver possession or two months to consider an alternative plot if a legal embargo existed.

What did the court decide?

Directed respondents to hand over possession within one month or consider alternative plot allotment within two months if legal obstruction exists.

Pankaj Aneja and Anr. Vs HUDA and Ors. — Property and Title | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.10673 of 2014 Date of Decision: May 28, 2014

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Pankaj Aneja and another .....Petitioners versus

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Haryana Urban Dev. Authority and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MRS.JUSTICE LISA GILL.

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Present : Mr.Shyam Kumar Sharma, Advocate, for the petitioners. Mr.A.S.Arora, Advocate, for Mr.Raman B.Garg, Advocate, for the respondents.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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Notice of motion.

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On our asking, Mr.A.S.Arora, Advocate, for Mr.Raman B.Garg, Advocate, accepts notice on behalf of the respondents.

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Let three copies of the writ petition be supplied to learned counsel for the respondents during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution.

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In view of the nature of order which we propose to pass, there is no need to seek any counter-reply from the respondents at this stage.

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The petitioners were allotted plot No.530-A, Sector-7, Urban Estate, Panipat, vide allotment letter dated

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Kumar Mohinder 2014.07.09 12:08 I attest to the accuracy of this order Chandigarh

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[2]

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CWP No.10673 of 2014

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24.10.2008. Still struggling hard to get possession of the allotted plot, the petitioners have approached this Court. The petitioners also represented the respondent-authorities vide representations dated 15.03.2013 and 30.07.2013 (Annexures P-4 & P-5, respectively) but without any response.

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Having heard learned counsel for the parties, we are of the considered view that if the averments made by the petitioners are true, there can be no other inference but to hold that the respondents have failed to perform their duties under the Act. Suffice it to say that if there is any legal impediment in delivering possession of the allotted plot, it is imperative upon the authorities to allot an alternative plot. However, we need not to express views on the merits of the petitioners' claim at this stage. The respondents are directed to consider the above-mentioned claim of the petitioners and if there is no legal obstruction, hand-over physical possession of the plot to them within a period of one month. However, if there is any legal embargo, the petitioners' claim for allotment of an alternative plot shall be considered within a period of two months from the date of receiving a certified copy of this order.

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The writ petition stands disposed of accordingly. Dasti.

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Kumar Mohinder 2014.07.09 12:08 I attest to the accuracy of this order Chandigarh

Pankaj Aneja and Anr. v. HUDA and Ors.

Case brief

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Pankaj Aneja and Anr. v. HUDA and Ors.

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