HARYANA URBAN DEVELOPMENT AUTHORITY, SIRSA Vs. BIMLA DEVI

JUDGEMENT

(1.) The question which arises in the present petition is as to whether the Permanent Lok Adalat (Public Utility Services) can uphold an alienation of property made in violation of the terms and conditions of the letter of allotment and issue a direction to transfer the plot.

(2.) The instant petition has been filed under Articles 226/227 of the Constitution of India for setting aside of the impugned award dtd. 15/5/2014(Annexure P-4) passed by respondent No.2-Permanent Lok Adalat, Public Utility Services, Sirsa.

(3.) Briefly summarized, the facts of the present case are that one plot bearing No.999 measuring 75 sq. meters situated in Sector 20, Part-II, Sirsa was allotted to one Smt. Seeto Devi wife of Late Sh. Bahadar Singh, resident of Village Patli Dabar, Tehsil and District Sirsa vide allotment letter No.1458 dtd. 1/6/1998 (Annexure P-1) under the policy named as Economically Weaker Ss. . It was averred in the application preferred before the Permanent Lok Adalat (Public Utility Services), Sirsa that the Conveyance-deed of the abovesaid plot was executed by the HUDA now HSVP in favour of Smt. Seeto Devi vide Sr. No.5159 dtd. 17/7/2006 was duly registered in the office of Sub Registrar, Sirsa. The abovesaid plot was transferrd by Smt. Seeto Devi in favour of one Smt. Bhagwan Devi wife of Satnam Chand, resident of Sirsa for a sum of Rs.2,96,500.00 vide sale-deed No.5178 dtd. 17/7/2006 i.e. on the date of execution of Conveyance-deed itself. The physical possession of the plot in question was also delivered to Smt. Bhagwan Devi by the original allottee Smt. Seeto Devi. Thereafter, the abovesaid Smt. Bhagwan Devi executed sale-deed of the said plot in favour of Bimla Devi(respondent No.1) vide sale-deed No.9231 dtd. 13/2/2007 for the same sale consideration of Rs.2,96,500.00. She took possession of the aforesaid plot from Bhagwan Devi and became owner in possession of the said plot. An application was thereafter moved by Bhagwan Devi in the office of the petitioner-HSVP for transfer of the ownership entries in her name in their record. The said transfer was refused by the authorities whereupon the application under Sec. 22-C of the Legal Services Authorities Act, 1987 was preferred before the Permanent Lok Adalat (Public Utility Services), Sirsa.