DHARAMBIR SINGH Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE prayer of the petitioner in this petition is for issuance of a writ in the nature of mandamus directing the respondents Nos. 1 to 3 to waive off the extension fee of plot bearing No. 92, Sector 17, Gurgaon for the period under which it remained under litigation and further to grant more period for construction of the aforesaid plot.

(2.) THE facts which emerge from the documents placed on record of the present case are that plot in dispute was allotted to proforma respondent No. 4, who is the father of the petitioner, by the respondentauthorities on 7.3.1980 and its possession was delivered to him on 24.9.1982. The aforesaid plot was transferred in the name of petitioner vide memo No. 210 dated 6.2.1992. The aforesaid plot was again transferred in the name of respondent No. 4 vide memo No. 1843 dated 4.7.1994. Claiming the aforesaid transfer dated 4.7.1994 as illegal, the petitioner filed civil suit against the respondents. Respondent No. 4 was proceeded against ex-parte vide order dated 26.11.1997 in the aforesaid civil suit. However, the said suit was contested by the respondent- authorities. Vide judgment dated 6.3.2002 passed by Shri V.P. Sirohi, Additional Civil Judge (Senior Division), Gurgaon, the aforesaid civil suit for declaration with consequential relief of permanent injunction was dismissed. However, vide judgment and decree dated 11.11.2002, the appeal was accepted by Additional District Judge, Gurgaon holding that the petitioner was owner in possession of the plot in question and the transfer order dated 4.7.1994 was held to be illegal.

(3.) I have heard learned counsel for the petitioner and perused the averments of the petition and the documents on record.