HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SURESH CHHOKAR

JUDGEMENT

(1.) Defendants Haryana Urban Development Authority (HUDA) and its Estate Officer have filed the instant second appeal having remained unsuccessful in both the courts below.

(2.) Respondents No. 1 to 6 and Madhu Sharma filed suit. However, respondents No. 2 to 5 and Madhu Sharma plaintiff No. 7 were given up in the trial court.

(3.) Defendants allotted separate plots to the plaintiffs. Defendants issued demand notices dated 28.10.2002 demanding additional price of Rs. 371.12 per square yard from the plaintiffs on the ground that price of acquired land for the sector, in which the plots are situated, was enhanced by this Court from Rs. 44/-per square yard (as determined by Additional District Judge) to Rs. 80/-per square yard. The plaintiffs in the suit challenged the said demand notices and sought declaration that demand notices are illegal and null and void and not binding on the plaintiffs. The plaintiffs also sought refund of the extra amount with interest already charged by the defendants from the plaintiffs under the impugned demand notices. The plaintiffs also sought true and proper accounts from the defendants as to how they worked out the demand @ Rs. 371.12 per square yard. Injunction, restraining the defendants from recovering the said amount as per demand notices, was also claimed.