Case: Pratap Singh Yadav Vs. Haryana Urban Development Authority and Ors

direct the Chief Administrator, HUDA to hold a preliminary fact finding inquiry into the above aspects and submit a report to this court setting out the circumstances in which the developments referred to above have taken place while the matter was sub judice before the State Commission and the National Commission. Those responsible for granting permission and executing the conveyance deed in respect of the plot in question without a proper and formal order of allotment in favour of the petitioner shall also be identified. Pending further orders from this Court the demolition/dispossession of the petitioner from the plot in question shall remain stayed. The report of the Chief Administrator shall reach this Court within three months.?5. Pursuant to the above direction an enquiry has been conducted by HUDA and a Report dated 16th December, 2013 relating to the same filed in this Court along with an affidavit sworn in by the Estate Officer, HUDA. On a perusal of the Report it appears that HUDA has found Smt. Sushma Gulati and Shri Bihari Lal, Assistant and Shri Jai Bhagwan, Deputy Superintendent responsible for dereliction of their duties. The report suggests that these officers have failed to bring the full facts of the case to the notice of the then Estate Officer. The Report further suggests that Shri J.S. Ahlawat, Administrator, Faridabad was responsible for approving the allotment of the plot pursuant to the execution petition filed against HUDA. This appears to have been done on the advice of Shri Harkesh, Assistant District Attorney and Shri Mahinder Singh Kaushik, Deputy District Attorney. The report also holds several other officials responsible for lapses in the matter of granting approval for the allotment of plot, execution of Conveyance Deed, approval of the building plans and issue of full occupation certificate. Suffice it to say that the entire process leading to the allotment of the plot, execution of conveyance deed, approval of building plan, issue of full occupation certification has been vitiated by reason of complicity of the officials working in the HUDA and named in the Report. 6. Two issues arise for consideration in the above backdrop. The first concerns the action which ought to be taken against the officials of HUDA found responsible for the mischief while the second relates to the approach that needs to be adopted with regard to the allotment and subsequent construction of the house by the beneficiary of the mischief. As regards the complicity of officials of HUDA in the entire process, the preliminary report submitted to this court by the Chief Administrator, HUDA leaves no room for taking a lenient view either by HUDA or by this Court. HUDA is bound to take proper disciplinary action against those found responsible and to suitably punish them in accordance with law. To that extent there is no difficulty in issuing a direction, which we do hereby issue. 7. Coming to the second aspect we had by our order dated 29th April, 2016 directed HUDA to file an affidavit indicating the prevalent rate of land in Sector II, Faridabad for the period 2015-16 of plots of the size of 235 sq. meter. HUDA has accordingly filed an affidavit by the Estate Officer stating that the rate for allotment for land in Sector II, Faridabad for the period 2015-16 is Rs.18,000/- per sq. meter. It was contended on behalf of the petitioners, who happen to be the legal heirs of the deceased allotee that this Court has in Pradeep Sharma vs. Chief Administrator, Haryana Urban Dev. Authority & Anr. in Civil Appeal Nos.52-53 of 2016 in almost identical circumstances directed the continuance of allotment made in favour of allottee subject to his paying the prevalent HUDA rate for the plot of land upon which he had constructed a house in Sector 64 of Faridabad in almost similar circumstances and in connivance with HUDA officials. A reading of the said order does support that submission. That too was a case where the complainant had received the refund of the amount deposited by him and then approached the District Forum for restoration of his allotment. The District Forum had as in the present case ordered restoration of the allotment to the complainant after adjustment. While an appeal was pending before the State Commission, the complainant had in that case filed an execution petition and got the allotment restored along with the possession of the plot. The State Commission had subsequently set aside the order passed by the District Forum and dismissed the complaint but the complainant had in the meantime constructed a building over the plot in question. It was in that background that we had, as in the present case directed an enquiry into the circumstances in which the allotment of the plot and other steps like sanction of the building plans and no encumbrance certificate and other certificates were issued to the complainant. The HUDA had accordingly conducted an enquiry as is the position in the instant case also and found that some of the officials had been responsible for conniving with the complainant in that case. This Court had taking into consideration all the circumstances and especially the fact that the complainant had already constructed a house over the plot in question directed the appellant would retain the same on his depositing the prevailing cost of the plot in dispute after adjusting the amount already deposited. We have no reason to deny similar relief to the appellant in the instant case also. It is true that the appellant has been a beneficiary of what is and can be said to be a fraudulent allotment yet keeping in view the peculiar facts and circumstances of the case demolition of the house and restoration of the plot to HUDA may at this stage work rather harshly for him/them. The proper course, therefore, is to allow the allotment to continue subject to the appellant depositing the prevalent price of the plot at the rate of Rs.18,000/- per square meter as indicated above.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]As regards the complicity of officials of HUDA in the entire process, the preliminary report submitted to this court by the Chief Administrator, HUDA leaves no room for taking a lenient view either by HUDA or by this Court. HUDA is bound to take proper disciplinary action against those found responsible and to suitably punish them in accordance with law. To that extent there is no difficulty in issuing a direction, which we do hereby issue.Coming to the second aspect we had by our order dated 29th April, 2016 directed HUDA to file an affidavit indicating the prevalent rate of land in Sector II, Faridabad for the period 2015-16 of plots of the size of 235 sq. meter. HUDA has accordingly filed an affidavit by the Estate Officer stating that the rate for allotment for land in Sector II, Faridabad for the period 2015-16 is Rs.18,000/- per sq. meter. It was contended on behalf of the petitioners, who happen to be the legal heirs of the deceased allotee that this Court has in Pradeep Sharma vs. Chief Administrator, Haryana Urban Dev. Authority & Anr. in Civil Appeal Nos.52-53 of 2016 in almost identical circumstances directed the continuance of allotment made in favour of allottee subject to his paying the prevalent HUDA rate for the plot of land upon which he had constructed a house in Sector 64 of Faridabad in almost similar circumstances and in connivance with HUDA officials. A reading of the said order does support that submission. That too was a case where the complainant had received the refund of the amount deposited by him and then approached the District Forum for restoration of his allotment. The District Forum had as in the present case ordered restoration of the allotment to the complainant after adjustment. While an appeal was pending before the State Commission, the complainant had in that case filed an execution petition and got the allotment restored along with the possession of the plot. The State Commission had subsequently set aside the order passed by the District Forum and dismissed the complaint but the complainant had in the meantime constructed a building over the plot in question. It was in that background that we had, as in the present case directed an enquiry into the circumstances in which the allotment of the plot and other steps like sanction of the building plans and no encumbrance certificate and other certificates were issued to the complainant. The HUDA had accordingly conducted an enquiry as is the position in the instant case also and found that some of the officials had been responsible for conniving with the complainant in that case. This Court had taking into consideration all the circumstances and especially the fact that the complainant had already constructed a house over the plot in question directed the appellant would retain the same on his depositing the prevailing cost of the plot in dispute after adjusting the amount already deposited. We have no reason to deny similar relief to the appellant in the instant case also. It is true that the appellant has been a beneficiary of what is and can be said to be a fraudulent allotment yet keeping in view the peculiar facts and circumstances of the case demolition of the house and restoration of the plot to HUDA may at this stage work rather harshly for him/them. The proper course, therefore, is to allow the allotment to continue subject to the appellant depositing the prevalent price of the plot at the rate of Rs.18,000/- per square meter as indicated