HARYANA URBAN DEVELOPMENT AUTHORITY Vs. VIPIN SHARMA

JUDGEMENT

(1.) C.M. No. 2991-C of 2009This is an application under Section 5 of the Limitation Act for condoning the delay of 29 days in refiling the appeal. For the reasons stated in the application, C.M. is allowed and the delay of 29 days in refiling the appeal is condoned. C.M. No. 11606-C of 2008 This is an application under Section 5 of the Limitation Act for condoning the delay of 43 days in filing the present appeal. It has been averred in the application that delay has occurred due to administrative exigencies, as necessary permission was required to be obtained for filing the appeal. For the reasons stated in the application, C.M. is allowed and the delay of 43 days in filing the appeal is condoned. R.S.A. No. 3903 of 2008 This regular second appeal is directed against the judgments and decree dated 26.5.2007 and 25.10.2007 passed by the learned Courts below vide which the suit filed by the plaintiff/respondents for declaration with a consequential relief of injunction stands decreed.

(2.) THE plaintiff/respondents filed a suit for declaration challenging the resumption order dated 2.5.2002 as well as order dated 12.11.2002 passed by the Administrator HUDA and notices under Section 18(1) of the Haryana Urban Development Authority Act (hereinafter referred to as 'the Act') being illegal, null and void, arbitrary, unjustified, uncalled for and without jurisdiction. A consequential mandatory injunction for directing defendant No. 2 to issue a formal occupation certificated under the Haryana Urban Development (Erection of Buildings) Regulations 1979, and also injunction from forcibly dispossessing plaintiff/respondents, was also sought.

(3.) THE plaintiff/respondents preferred an appeal, which was dismissed in default of appearance. Thereafter notice was issued under Section 18(1) of the Act. The notice was also claimed to be illegal by pleading that there was no basement. The plaintiffs claimed that appropriate remedy with the defendant/appellants was to proceed under Section 55 of the Act and not under Section 17 for resumption.