HC slaps fine of Rs 17 lakh on HUDA

Nov 23 2012, 11:35 IST
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SummaryFor harassing two persons, the Punjab and Haryana HC slapped a penalty on HUDA.

For carving out plots on a piece of land, which it never acquired and for harassing two persons, the Punjab and Haryana High Court on Thursday 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 Jasbir Singh on a petition filed by one Paramjeet Kaur, who had claimed that she purchased five biswas of land in Panipat from the original owner in 2007 and was in possession of the sale deed.

After she approached HUDA, seeking permission to construct on the land, she came to know that the land has already been allotted to one Kulwinder Singh. The dept told Paramjeet that it had initiated acquisition proceedings of the land in 1996 for the construction of Sector 18 in Panipat.

Around 12 biswas of land was later dropped from the acquisition process. Of the total land, five biswas was purchased by Paramjeet. However, HUDA declined permission to hold construction on the ground that plots have been already been carved out and informed Paramjeet that the said land has been allotted to Kulwinder Singh in 1999.

Aggrieved, Paramjeet had moved the high court, which in 2008, directed HUDA to decide on her claim and provide her an alternate plot. Though HUDA had given an undertaking that it will decide the representation within six months, nothing was done.

After a year, 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 to Paramjeet. On the other hand, Kulwinder Singh is also yet to get the possession of the land.

After several bouts of litigation, Paramjeet again moved the high court last month. On Thursday, an application was moved by HUDAs counsel stating that as and when HUDA will acquire the land in question, Paramjeet will be given alternative plot under the outstees quota.

Taking strong exception to the harassment caused to both the allottee (Kulwinder) and the purchaser (Paramjeet) and 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

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