High Court of Punjab and HaryanaCWP/19588/2015disposed of

Rattan Devi v. Haryana Urban Development Authority And ORS

2018-07-31Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

CWP-19588-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19588-2015 Date of Decision: July 31, 2018 Rattan Devi .....Petitioner

Versus

Haryana Urban Development Authority and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Sudhir Aggarwal, Advocate for the petitioner. Mr.Lokesh Sinhal, Advocate for the respondents. ........

SURYA KANT, J.(ORAL) The impugned order dated 31.03.2014 (Annexure P16) passed by the Estate Officer-I, HUDA, Gurgaon levying 'Extension Fee' on the petitioner squarely falls within the ambit of Section 16(1) of the Haryana Urban Development Authority Act, 1977 (for brevity, 'the Act'). Such an order is, therefore, appealable under Section 17(5)&(6) of the said Act. The appellate order can be further assailed before the State Government-cumRevisional Authority under Section 17(8) of the Act. [2] The issue raised in the instant writ petition is purely a question of fact as to what was the date of offer of possession to the petitioner? Such a question can be effectively determined by the Appellate Authority by summoning the relevant record. The writ petition is, accordingly, disposed of relegating the petitioner to avail the remedy of appeal under Section 17(5)&(6) of the Act. Since the petitioner has been pursuing this writ MEENU 2018.08.09 13:54 I attest to the accuracy and authenticity of this document chandigarh

CWP-19588-2015 -2petition, it is directed that if the appeal is filed within one month from today, no objection qua limitation shall be taken or entertained and the appeal shall be decided on merits preferably within a period of three months from its filing. The Appellate Authority shall decide the appeal uninfluenced of the stand taken by the Estate Officer before this Court in the written statement. ( SURYA KANT ) JUDGE July 31, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2018.08.09 13:54 I attest to the accuracy and authenticity of this document chandigarh