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Tribune Information Service

Saurabh Malik

Chandigarh, July 16

Greater than a month has lapsed because the Punjab and Haryana Excessive Courtroom — amongst different issues — ordered that the allotment of plots by the Haryana Shahari Vikas Pradhikaran (HSVP) wouldn’t be finalised in future until the acquired land’s remaining demarcation, the state has failed to position earlier than the Bench the Chief Administrator’s affidavit on the compliance of the instructions.

Taking on the matter, the Bench of Justice Amol Rattan Singh and Justice Lalit Batra asserted that the affidavit had not been filed when it comes to the earlier order. Responding to a question as as to if the instructions with regard to “directions/orders/circulars” had been so issued as directed by the court docket, the counsel for the respondents sought time to take directions.

The Bench had earlier made it clear in its earlier order that carving out of the plots can be permissible solely on the acquired land that had been demarcated. Any plot carved out on an unacquired land would “naturally entail penal penalties for the HSVP and different respondents, apart from refund of cash with curiosity to the allottee involved”. The penal curiosity would depend on the information of every case, the Bench had added.

The course got here after the Bench noticed {that a} non-existent plot was allotted to the dad and mom of Rita Arora and one other petitioner in Sector 51, Gurugram. It was discovered upon demarcation that the plot fell on the land that was by no means acquired.

Deprecating “very tremendously” the delay in taking a call on granting an alternate plot to the petitioners “in a scenario wholly of the making of the respondents”, the Bench had added it was not first such case earlier than the court docket. Even the difficulty of plots being carved out on the land not truly acquired was not a “utterly unknown characteristic on an virtually common foundation”.

The Bench had asserted it was completely incomprehensible “why correct demarcation couldn’t be finished and plots accordingly carved out within the first place”. The court docket added again and again it additionally got here to its discover that allotted plots got here beneath litigation. However the respondents

didn’t cease transfers, whereas “truly instantly upon receiving discover of any litigation qua a plot that must be up to date within the information of the respondents”.

Allotment of plots

Taking on the matter, the Bench of Justice Amol Rattan Singh and Justice Lalit Batra made it clear that the HSVP Chief Administrator can be summoned to the court docket in case the affidavit when it comes to the earlier order wasn’t filed. For the aim, it has set July 22 because the deadline.

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