COCP No.1390 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1390 of 2009 (O&M) Date of decision: 5.10.2009 D.N. Verma ......Petitioner(s) Versus A.K. Yadav ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Rakesh Gupta, Advocate for the petitioner. Mr. Ashok Jindal, Additional Advocate General, Haryana. Rakesh Kumar Garg, J.(Oral) CM No.17838-CII of 2009 Application is allowed subject to all just exceptions. COCP No.1390 of 2009 Sh. A.K. Yadav (erstwhile Administrator, HUDA) is present in Court. Reply by way of his affidavit has been filed in Court today which is taken on record. In the reply it is submitted that in pursuance to the orders of this Court, the following steps have been taken by the HUDA: “a) The site was got demarcated on 16.10.2008 with the help of Revenue Staff of Karnal Tehsil and in the presence of officials of Improvement Trust, HUDA and District Town Planner officer, Karnal. b) Notice under section 18(1)(b) of HUDA Act, 1977 was issued to the President, Krishna Mandir Trust vide memo No.16142 dated 7.11.2008 for vacating the premises and handing it over to HUDA after removing COCP No.1390 of 2009 (O&M) 2 illegal construction within 7 days from the date of issue of the notice. c) Show-cause Notice under Section 17(2) of HUDA Act, 1977 for personal hearing before the Estate Officer, HUDA, Karnal on 17/11/2008 and for making outstanding payment of Rs.3,00,31,440/- along with interest was issued to the President, Krishna Mandir Trust vide memo No.16141 dated 07/11/2008. d) Another opportunity of personal hearing under Section 17(2) of HUDA Act, 1977 was provided for 29.12.2008 vide memo no.17705 dated 18/12/2008. e) In view of a new civil suit titled as Shree Geeta Adarsh Sewa Sadan, Shree Krishna Mandir v/s HUDA filed on 26/12/2008 in the court of Ld. Civil Judge, Sr. Division, Karnal, fresh demarcation of the disputed area was got done on 31/12/2008 in compliance of the order dated 29/12/2008 passed by the Ld. Civil Judge, Sr. Division, Karnal wherein status quo was also granted by the Ld. Court. The demarcation of the area was got done in the presence of S.D.M. Karnal, Tehsildar, Karnal, President, Krishna Mandir Trust and officials of HUDA and DTP Office. f) That in view of the above demarcation carried out as mentioned in (e) above, the stay application in the ibid civil suit was dismissed and status quo granted on 29/12/2008 was vacated by the Ld. Civil Court on 02/03/2009. g) That an order under section 17(2) of the HUDA COCP No.1390 of 2009 (O&M) 3 Act, 1977 was passed by the Estate Officer, HUDA, Karnal vide his memo No.5579 dated 31/03/2009 imposing penalty to the tune of 10% of the outstanding amount for having failed to deposit the outstanding amount payable by the Trust. h) That a show-cause notice under section 17(3) of HUDA Act, 1977 was issued by the Estate Officer, HUDA, Karnal vide his memo No.9675 dated 01/06/2009 for resumption of the Mandir site in view of the failure of the Mandir Trust to deposit the outstanding payment.” Keeping in view the efforts made by the respondent to get the HUDA land vacated, learned counsel for the petitioner does not wish to press this petition at this stage. Dismissed as not pressed. Rule discharged. October 5, 2009 (RAKESH KUMAR GARG) ps JUDGE