- (1.) Defendant-Haryana Urban Development Authority, Hisar (for short HUDA) is in second appeal against the concurrent findings recorded by both the courts below whereby the suit of respondents/plaintiffs for declaration and permanent injunction was decreed vide judgement and decree dated 18.3.2006 passed by learned Civil Judge (Junior Division)Hisar and the findings affirmed in appeal by the learned Additional District Judge,Hisar vide judgement and decree dated 3.9.2008.
(2.) Alongwith the appeal, application bearing CM No.2116- C/2009 has been filed under Section 5 of the Limitation Act seeking condonation of delay of 49 days in filing the appeal.
(3.) In brief the facts of the case are that the respondents/plaintiffs purchased plot bearing No.1-P, Sector 13, Hisar from the original allottee and the said plot was transferred in their favour by the HUDA on 22.9.1992. Due to clubbing of two plots and carrying on commercial activities in the form of marriage palace, the plot was resumed vide order dated 30.5.1997 being in violation of the terms and conditions of the allotment letter. The re-allottees filed an appeal under Section 17(5) of the Haryana Urban Development Authority Act,1977 ( for short HUDA Act) before the Administrator, HUDA which was dismissed vide order dated 16.3.1999. The revision filed under Section 17(8) of the HUDA Act was also dismissed vide order dated 20.9.1999 by the Financial Commissioner and Principal Secretary to Government of Haryana, Town and Country Planning Department. The re-allottees filed the present suit challenging the resumption order with the consequential relief of restraining defendant HUDA from dispossessing them and re-auctioning the plot. The defendant-HUDA inter alia took the stand that the jurisdiction of the Civil Court, in view of Section 50 of the HUDA Act was barred. The learned trial court decreed the suit on 18.3.2006 and the findings were affirmed on 3.9.2008 by the learned lower Appellate Court.;