For carving out plots
on a piece of land, which it never acquired and for harassing 2 persons, the
Punjab & Haryana High Court on recently slapped a penalty of Rs. 17 lakh on
the Haryana Urban Development Authority (HUDA).
Significantly, Rs. 2
lakh of the total penalty has to be paid by an estate officer of HUDA for
wrongly denying the claim of an alottee.
The directions were
passed by a division bench headed by Justice Mr.. Jasbir Singh on a petition
filed by one Ms. Paramjeet Kaur, who had claimed that she purchased 5 biswas of
plot of land in Panipat from the original owner in 2007 & was in possession
of the sale deed.
Already been Allotted
..!
After she approached
HUDA, seeking permission to construct on the plot of land, she came to know
that the land has already been allotted to one Mr. Kulwinder Singh. The
department said Mr. Paramjeet that it had initiated acquisition proceedings of
the plot of land in 1996 for the construction of Sector 18 in Panipat.
About 12 biswas of
plot of land was later dropped from the acquisition process. Of the total land,
5 biswas was purchased by Ms. Paramjeet.
Sametime, HUDA
declined permission to hold construction on the ground that plots of land have
been already been carved out & informed Ms. Paramjeet that the said land
has been allotted to Mr. Kulwinder Singh in 1999.
Aggrieved, Ms.
Paramjeet had moved the high court, which in 2008, directed HUDA to decide on
her claim &provide her an alternate plot of land. Though HUDA had given an
undertaking that it will decide the representation within 6 months, nothing was
done.
Contempt of Court..!
After a year, Ms.
Paramjeet filed a petition seeking contempt of court proceedings against HUDA.
Finally, an HUDA
estate officer on January 17, 2011 passed an order denying plot of land to Ms.
Paramjeet. On the other hand, Mr. Kulwinder Singh is also yet to get the
possession of the land.
After many bouts of
litigation, Ms. Paramjeet again moved the high court last november (2012)
month.
On recently, an
application was moved by HUDA’s counsel stating that as & when HUDA will
acquire the plot of land in question, Ms. Paramjeet will be given alternative
plot of land under the outstees quota.
Compensation Rs. 15
lakh, Penalty Rs. 2 lakh .!
Taking strong
exception to the harassment caused to both the allottee (Mr.Kulwinder) and the
purchaser (Ms. Paramjeet) & for carving out plot on a land that HUDA never
acquired, the high court ordered that Rs. 10 lakh be paid as compensation
Paramjeet and Rs 5 lakh to Kulwinder.
In addition, Rs. 2
lakh will be paid as fine by the estate officer for wrongly denying a plot to
Ms. Paramjeet.
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