H R CHOPRA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall dispose of two complaint Nos.87 of 1997, H. R. Chopra V/s. Haryana Urban Development Authority and 88 of 1997, Ashwani Kumar and Company V/s. HUDA, as factual and legal position of both the cases is identical.

(2.) According to the complainant, in nutshell, HUDA developed about 30 residential and 12 industrial sectors in Faridabad and had sold about 65,000/- residential plots and about 2200 industrial plots during the last one decade. At the time of issuing letter of allotment of residential plots HUDA has been invariably incorporated Clause No.14 prohibiting the allottees not to put the plot/residential house for being used for any commercial purpose or to be let out for any commercial activities. Despite all this HUDA could not check commercial activities, which gave rise to a public interest litigation against them before the Hon'ble Supreme Court of India. According to the statement made by Mr. R. L. Rao, Estate Officer, HUDA before the Hon'ble Supreme Court out of 65,000 houses in Faridabad.3,500 dwelling units are identified as violators of HUDA Act; meaning thereby that HUDA by their act of commission and omission had been permitting commercial activities in the dwelling units of HUDA in an illegal manner. This adversely affected the business interest of plot holders.

(3.) Despite all this, HUDA advertised auction of commercial plots in its various sectors including Sector 15-A as per open auction of free hold commercial plots on 26th March, 1996. It was also announced by HUDA that all necessary facilities like construction of roads, pavements, parks, toilets, sanitation and water works as well as electrification in and around the commercial plots would be provided. The complainants participated in the auction bid and was successful in purchasing commercial shop-cum-flat site Nos.68 and 67 respectively in Sector 15-A, Part-II, Faridabad and purchased the said sites in open auction for Rs.34,05,000/- and Rs.32,00,000/- respectively. Out of this amount 10% of the sale price i. e. Rs.3,40,500/- and Rs.3,20,000/- was adjusted at the time of allotment and the balance amount of Rs.5,10,750/- and Rs.4,80,000/- being 15% of the bid amount was deposited in May, 1996.