M/S VATIKA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari wherebys it seeks the quashing of the notification No.50/15/2024-5S(1) dtd. 11/5/2024 (Annexure P-1), issued by the Chief Secretary to Government, Haryana, thus on the ground that the said is patently illegal, arbitrary and is made sub color is officio. A further prayer is made for staying the operation of the apposite notification till the final adjudication of the present writ petition.

(2.) The present petition is preferred by the petitioner wherebys becomes challenged the validity of the subject notification dtd. 11/5/2024 (Annexure P-1) issued by respondent No.2, Chief Secretary to Government, Haryana, whereby respondent No.4-Adjudicating Officer, Haryana Real Estate Regulatory Authority, Gurugram (hereinafter referred to as 'the Adjudicatory Authority'), was vested with the powers of the Collector under the Haryana Land Revenue Act, 1887 (hereinafter referred to as 'the Act of 1887'), thus to execute the recovery certificates issued by the Haryana Real Estate Regulatory Authority (hereinafter referred to as 'HRERA').

(3.) The competent authorities under the HRERA by exercising the powers vested under Sec. 81 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act of 2016'), thus proceeded to delegate, the powers of execution of orders passed by them under Sec. 40 of the Act of 2016, rather vis-a-vis the Adjudicating Officers/Authorities concerned. The provisions of Sec. 81 of the Act of 2016 become extracted hereinafter.