HUDA; ESTATE OFFICER Vs. DARAB SINGH GILL

JUDGEMENT

(1.) THE complainants/respondents were allotted plot No. 2992 in Sector 15 of Panchkula by the petitioner Haryana Urban Development Authority. However, handing over of the physical possession of the aforesaid plot to the complainant was delayed by the petitioner. The case of the complainant is that though the possession on paper was delivered to them on 2003, actual physical possession of the site was not given to them. In April 2004, the officials of the petitioner authority, showed site in question to the complainants and at that time they found that the plot allotted to them was surrendered by two transformers having 6 poles and there were 2 poles on the plot with a supporting wire. The complainants also found a board of guide map, showing 2 poles installed on the plot allotted to them. Claiming that no construction could be made on the plot without removing the electric poles and transformers, the complainant approached the concerned District Forum seeking the following reliefs: -

(2.) THE complaint was resisted by the petitioner Authority on the ground that the complaint was only a lame excuse in order to avoid liability on account of delay in raising construction. It was further stated in the said reply that as per the report of the concerned Junior Engineer, the electrical poles were installed on berm portion and there was no supporting wire on the plot.

(3.) THE District Forum vide its order dated 09.08.2007 directed as under: -