Pratap Singh Yadav vs Huda & Anr

3. The facts giving rise to the proceedings may be summarized as under:

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.

8. We accordingly allow these appeals but only in part and to the extent indicated above and set aside the order passed by the National Commission and the State Commission with the direction that subject to the appellant depositing the price of the plot at the rate of Rs.18,000/- per square meters within a period of six months from today the appellant shall be permitted to retain the plot. In case the needful is not done within the time allowed, this appeal shall stand dismissed and order passed by National Commission and the State Commission affirmed. In any such event HUDA shall be free to dispossess the appellant from the property and resume the possession of the plot along with the superstructure, in case the superstructure is not removed by the appellants within the time granted by HUDA for that purpose.

9. Ordered accordingly. No costs.

...............CJI.

(T.S. THAKUR) .................J. (U.U. LALIT) New Delhi October 28, 2016