PUSHPA DEVI Vs. CHIEF ADMINISTRATOR

JUDGEMENT

(1.) SHRI S. C. Kumar son of Shiv Lal, petitioner No. 2 was the original allottee of plot No. 1961 Sector 2, Faridabad vide draw of lots on 28.12.1999 under the Government Employees Quota. Thereafter, Shri S. C. Kumar sought transfer permission and the plot was re-allotted to Smt. Pushpa Devi, petitioner No. 1. The terms and conditions of the original allotment letter were binding upon Smt. Pushpa Devi. Thereafter, Smt. Pushpa Devi approached Haryana Urban Development Authority to put her in possession of the said premises with full development and further requested Haryana Urban Development Authority to allot her an alternative plot in case they were not going to deliver the possession of the above said plot.

(2.) ULTIMATELY, the complaint was filed with the District Forum with the prayer that HUDA be directed to handover the physical possession with full developed surrounding area of the plot and if it is not possible then an alternative plot may be allotted in favour of Pushpa Devi and HUDA be further directed to pay interest @18% p.a. on their deposit and Rs. 1 lakh to the escalation charges and Rs.50,000/- for mental agony, tension and unnecessary harassment and HUDA be directed to not recover any interest on delayed payment or charge any penalty or extension fees and to pay Rs.5500/- as litigation charges. The District Forum allowed the complaint.

(3.) IT appears that HUDA issued a letter to Smt. Pushpa Devi demanding enhanced compensation of Rs.54,078/- towards the cost of the plot in question. The grievance of the complainant Smt. Pushpa Devi is that offer of possession without completing the development including providing basic amenities in the area, is contrary to the terms and conditions of the allotment. HUDA issued a letter dated 26.11.2007 to Smt. Pushpa Devi, offering to take possession of the plot. Smt. Pushpa Devi submitted the Conveyance Deed on non-judicial stamp papers for execution of deed of conveyance. On 27.12.2007, the conveyance deed was executed in favour of Smt. Pushpa Devi. On 7.12.2011, HUDA also demanded a sum of Rs.1,17,432/- plus extension fee of Rs.50,986/-.