HARYANA STATE URBAN DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR Vs. DEVESHWER KUMAR KAPILA S/O LATE A K KAPILA

JUDGEMENT

(1.) THE facts of the case are these. Shri Deveshwer Kumar Kapila, the complainant/respondent had applied for a plot measuring 358.8 sq. yds. He deposited the earnest money. On 24.2.2003, the Estate Officer -petitioner No. 2, offered the possession of plot No. 488 -B of Sector 15, Part -II, U.E., Gurgaon measuring 286 sq. meters only. At the time of taking possession, it transpired that the dimensions of the plot were 9.5 meters, in front, 25.35 meters on rear, and 22 meters on each side total measuring 383.35 sq. meters and one side of plot was 22 meters and another side is more than 22 meters against the dimension mentioned in the letter of 13X22 meters.

(2.) A complaint was filed before the District Forum, which directed HUDA to allot an alternative plot to the complainant measuring 14 marlas either in the same sector or adjoining sector to the satisfaction of the complainant. The petitioners were also directed to pay interest @9% per annum on deposits from the date of deposit till the delivery of physical possession of the plot.

(3.) THE petitioners filed an appeal against the said order. There was delay of 140 days in filing the appeal. The State Commission found that the complaint was barred by time and dismissed the appeal by placing reliance on few authorities in the Vikram Dass Vs. Financial Commissioner and others AIR 1977 SC 1221 and Government of U.T. Electricity Department and Ors. Vs. Ram Lubhai, II(2006) CPJ 104.