JUDGEMENT
Jasbir Singh, J. -
(1.) Cm No.17629 of 2012 CM is allowed, as prayed for.
(2.) Cm No.17630 of 2012 CM is allowed. True copy of order dated 18.10.2012 is taken on record.
(3.) Cwp No.21902 of 2011 Petitioners are the unfortunate purchasers of a plot No.9, Sector-7, Panchkula, in an open auction. It is not in dispute that the above-said sale was conducted as per an order passed by the Debt Recovery Tribunal, Chandigarh against which no objection was raised by the HUDA authorities. Sale certificate was issued to the petitioners on 4.5.2005 (P-1), a copy of the same was also sent to respondent Nos. 3 and 4 for necessary action. The possession of the said plot was delivered to the petitioners, vide letter dated 14.5.2005 (P-3) issued by the Local Commissioner appointed by the Debt Recovery Tribunal. A request was also sent to the HUDA authorities for transferring the plot in favour of the petitioners on 25.5.2005 (P-4) intimating that the petitioners had paid the entire amount to the Debt Recovery Tribunal. In response to a letter written by the Estate Officer on 7.9.2005, necessary documents were deposited by the petitioners with the Estate Officer vide letter dated 15.9.2005 (P-5). Petitioners again wrote a letter to the HUDA authorities on 9.1.2006 (P-6) making a request for transfer of the plot in their names. The above-said request was reiterated vide letter dated 20.3.2006 (P-7) and letter dated 25.5.2006 (P-8). Vide letter dated 20.6.2006 (P-9), the Estate Officer-respondent No.3 intimated the petitioners that they should submit all the documents in original alongwith requisite affidavit and indemnity bond so that necessary action can be taken. Accordingly, petitioners submitted the application with requisite fee of Rs. 5,000/- for which, a receipt (P-10) was issued to the petitioners. The petitioners again wrote a letter dated 10.4.2007 (P-11) for transfer of plot, in question, so that construction could be raised. But nothing was done. In the said letter, it was specifically stated by the petitioners that for no fault of their, they would have to spend more amount on raising the construction as cost of the material is increasing day by day. In the meantime, a public notice (P-12) appeared in the newspaper in the year 2007, vide which HUDA authorities decided to extend time of raising construction of the allotted sites beyond a period of 15 years upto 31.12.2007 subject to a condition of partial construction. The petitioners again wrote a letter dated 21.5.2007 (P-13) for transfer of the plot, in question, in their favour. Thereafter, the petitioners submitted a building plan on the prescribed Form-A (Rule-7) vide letter dated 24.5.2007 (P-14 colly) for sanction so that they may raise construction on the property in dispute. For the said purpose, petitioners deposited an amount of Rs. 1,000/- as scrutiny charges. When nothing was done, the petitioners came to this Court by filing CWP No.6686 of 2008 with a prayer that directions be issued to the HUDA authorities to transfer the plot in question in their favour and also for approval of the building plan. The said writ petition was disposed of on 25.9.2008 by observing that no one had approached the Sub-Registrar concerned for registration of sale certificate and further on an undertaking by learned Deputy Advocate General, Haryana that if an appropriate application is moved for the said purpose, it shall be considered expeditiously.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.