HARYANA URBAN DEVELOPMENT AUTHORITY, PANCHKULA Vs. ASHWANI BAMBA

JUDGEMENT

(1.) The respondents/complainants were co-sharers in same agriculture land which State of Haryana acquired for the purpose of planned development of the area, vide award dated 9.10.2003. As per the policy being followed at that time, the petitioner HUDA was allotting one developed plot jointly to all the co-sharers of the acquired land, irrespective of their number. Accordingly, a joint allotment of a plot admeasuring 420 Sq.mtrs. was made to all the co-sharers of the acquired land including the complainants. The complainants approached the concerned District Forum by way of a consumer complaint seeking allotment of individual plots to them on the ground that every co-owner was entitled to allotment of a separate developed plot.

(2.) The complaint was resisted by the petitioner which sought to justify the joint allotment. It was also stated in the written version that the earnest money which the complainants had deposited was refunded to them.

(3.) The District Forum held that the complainants were not entitled to an individual plot. Being aggrieved from the order passed by the District Forum, the complainants approached the concerned State Commission by way of an appeal. Vide impugned order dated 4.12.2007, the State Commission allowed the appeal and directed allotment of 10 Marla plot to the complainants. Compensation quantified at Rs.50,000/- and the cost of litigation quantified at Rs.10,000/- was also awarded to them. Being aggrieved from the order passed by the State Commission , the petitioner HUDA is before this Commission by way of this revision petition filed on 19.4.2011.