VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN these petitions constitutional validity of Section 17(3) and (4) of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as the Act) has been challenged. The petitioners have prayed that the impugned provisions be struck down and the notices issued by Estate Officer under these provisions be declared as nullity.

(2.) SHRI Vinod Kumar and others, who have filed C.W.P. No. 16558 of 1996 are residents of Sectors 15, 16 and 17, Faridabad. They were allotted residential plots in the years 1967 and 1968 under the Punjab Urban Estates (Development and Regulation) Act, 1964 read with the Punjab Urban Estates (Sale of Sites) Rules, 1965. After that petitioners constructed buildings over the plots allotted to them and the petitioners started residing therein. After some time they started using a portion of their residential buildings for commercial purposes.

(3.) IN the purported compliance of the directions given by the Supreme Court the Estate Officer, Haryana Urban Development Authority, Faridabad issued notices to the petitioners and large number of other similarly situated persons under Section 17(3) and (4) of the Act for resumption of the buildings on the grounds that (i) the construction made by the petitioners is not in conformity with the sanctioned plan and the building bye-laws, and (ii) the residential plots are being used for commercial purposes. The petitioners submitted their replies. Thereafter the Estate Officer passed the impugned orders for resumption of the site and forfeiture of 10 per cent of the consideration money.