HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SATISH WAHI

JUDGEMENT

(1.) Haryana Urban Development Authority has filed three separate appeals against the orders passed by learned District Forurn, Ambala as under: 1. First Appeal No.1224 of 1996 - Against the order dated 27th November 96.

(2.) First Appeal No.1225 of 1996 - Against the order dated 27th November 96.

(3.) First Appeal No.1227 of 1996 - Against the order dated 27th November 96. Since the factual and legal position involved in all the three appeals is common and is identical too, to the factual position forming basis of an exactly identical matter decided by the same District Forum on 22nd January, 1977, against which Appeal No.102 of 1997 filed by HUDA has already been dismissed by this Commission on 27th February, 1977, this order shall dispose of all the aforesaid three appeals.2. Admittedly the allotment of the plots was made to the complainants on 14th August, 1987, 21st July, 1987 and 16th July, 1987 respectively and for about 10 years the possession of the plots have not been delivered to the complain ants, as some Jhuggis existed on the plots. The learned District Forum rejecting the plea of HUDA allowed the complaints by issuing the same directions for removal of encroachment etc. In the appeals before us, learned Counsel for the appellant has vehemently contended that as pos session could not be delivered earlier due to encroachment by the Jhuggi dwellers, which was beyond the control of HUDA, complaints should not have been allowed. We do not find any merit in the contention, as it was the duty of HUDA to have the Jhuggi dwellers removed and vacant physical possession delivered to the allottees when they have charged the price of the plots, interest thereon and extension fee etc. Consequently, we uphold the orders passed by the learned District Forum and dismiss the appeals by directing HUDA to deliver vacant physical possession of the plots to the complainants, forthwith. Order upheld.