Haryana Urban Development Authority Act, 1977 -- Regulation 8 - Construction - Petition purchased plot in open auction through Debt Revoery Tribunal - Said salw was conducted after giving intimation to HUDA authorites - Said sale was virtually accepted when transfer of property was effected in favour of petitioners - Petitioner submitted plan for sanction and deposited..........
HUDA -- Allotment of plot - Default in payment - Cancellation - Validity - Allotment cancelled without giving any opportunity to deposit amount - Appeal dismissed by passing non speaking order - None of averments made by petitioner taken into consideration - Claim of petitioner rejected without application of mind - Held, HUDA authorities committed mistake in not..........
Haryana Urban Development Authority Act, 1977, Section 16 -- HUDA - Allotment of plot - Delayed payment - Levy of interest - Permissibility - Held, lack of amenities cannot be made a ground for not making payment of installments in terms of letter of allotment - Interest on installments of deferred payment of sale consideration alone is chargeable from the date of offer of..........
Haryana Urban Development Authority Act, 1977, Section 16 -- HUDA - Allotment of plot - Delayed payment - Levy of interest @ 18% - Validity - Held, in event of no, payment of installments along with interest thereon, authority is justified in charging interest @ 18% P.A. - Such interest is to ensure timely payment of installments and is aimed at mitigating extreme hardship..........
Haryana Urban Development Authority Act, 1977, Section 16 -- HUDA - Allotment of plot - Delayed payment - Levy of interest - Held, authority is competent to charge interest, as it has authority to levy penalty u/s.16, 17 & 55 of the Act apart from power of resumption of land or building - Charging of interest is a policy adopted by authority short of resorting to extreme..........
Haryana Urban Development Authority Act, 1977 - - HUDA - Release of land - Payment of development charges - Disputed land was acquired by State of Haryana for HUDA - Said acquired land was released subject to usual terms and conditions including condition of paying proportionate development charges - Held, HUDA entitled to recover development charges from plaintiffs @ as..........
Constitution of India, 1950, Article 226 -- Rehabilitation - Oustee policy - It is not in dispute that land of petitioners has been acquired and petitioners are eligible allottees - They have not been allotted any plot till date as per oustee policy of relevant time and as amended upto date - As per policy, plots were required to be specifically offered to oustees - Till..........
Haryana Urban Development Authority Act, 1977, Section 51(4) -- Auction sale - Rejection of bid by Administrator - Administrator, HUDA, not competent to take decision - Plaintiff filed suit raising challenge against rejection order not passed by competent authority and by way of consequential relief, sought direction to HUDA to issue letter of allotment to him - Held,..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 35, 35A, 35B -- Cost - Revision filed by statutory authority i.e. HUDA after delay of 2-1/2 years - Delay not explained - Revision dismissed in limni with special costs of Rs.20, 000/- Held, though ordinarily Courts adopt liberal approach in matter of condonation of delay and have shown extra latitude and..........
Haryana Urban Development Authority -- Allotment of Plots - Petitioner, a registered Society and its members, allottees of plots opted for preferential plots for which additional price was to be paid - Land opposite plots was proposed to be developed as green belt area by HUDA - Allottees opted for these plots on payment of extra price only in view of proposed green park..........
