Land Acquisition Act, 1894, Section 18, 30 -- Land acquired by the State Govt. through HUDA - Dispute arose relating to apportionment compensation of acquired land - Held, if any dispute arises with regard to apportionment of the compensation including the question of title between the person interested, not only the court under the Act has the jurisdiction to decide such..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), Limitation Act, 1963, Section 14(3) -- Consumer - Booth site - Auction purchase - Booth in question purchased by complainant in open auction on as and where basis - Complainant cannot be heard to say that he was not aware about the terms and conditions of HUDA auction - Such type of grievances cannot be termed as a..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Alternative remedy - Plot allotment - Extension fee - Dispute as to - Complainant filed an appeal before Administrator HUDA, Faridabad which was dismissed - Once the complainant had adopted certain route for redressal of his grievance then he should have availed that remedy to the logical end of that route -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Plot allotment - Surrender of plot - Claim for fresh allotment - Complainant surrendered the plot of his free will and consent because he was not in a position to pay the balance installments in respect of the plot in question - Complainant was refunded the deposited amount after deducting 10% of the price of the plot as..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Plot ballottement - Surrender of plot - Once the complainant surrendered the plot of his free consent and accepted the amount after deduction of 10% of the price of the plot as per HUDA policy, he is not a consumer of the OP's - If the complainant had any grievance with respect to the non - development of the..........
Haryana Urban Development Authority Act, 1977 -- Interest on instalments - HUDA can charge 10% interest...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Maintainability of eviction petition after the property is acquired by HUDA - Relationship of landlord and tenant between the parties cease to exist for all intents and purposes and authorities under the Rent Act become functuous officio - Held, eviction petition is not maintainable...........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of booth allotted in open auction - Notice not issued to plaintiff before passing of resumption order - Jurisdiction of civil court is not barred when order is passed in violation of mandatory provision of S.17(3) of the Act - HUDA not entailed to charge interest @ 18% because as per clause 6 of the..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Permissible only for public purpose - State while purporting to take property for public purpose for development by HUDA, in effect had a different purpose in mind of licensing of developers, builders or property dealers - Invalidates acquisition...........
Haryana Urban Development Authority Act, 1977, Section 17(3) -- Plot allotted to petitioner by HUDA - Petitioner failed to complete construction within stipulated period - Petitioner surrendered plot and took refund - Held, thereafter petitioner has no right to get return of surrendered plot...........
