Resident Welfare Association (Regd) v. State Of Haryana & Others

CWP-16496-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16496-2018 Date of Decision: July 09, 2018 Residents Welfare Association (Regd.), Sector 6, HUDA, Panipat .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Vikram Singh Dhakla, Advocate for the petitioners. ........

SURYA KANT, J.(ORAL) The petitioner is Residents Welfare Association, Sector 6, HUDA at Panipat. The grievance of the petitioner-Association is that price of plots allotted to its members has been enhanced contrary to the judgment of this Court rendered in RSA No.1860 of 2008, whereby no liability towards payment of interest was allegedly fastened upon the plot holders while enhancing compensation for the land owners. Such a claim has been raised by the petitioner-Association by way of reply-cum-Legal Notice dated 1.09.2017 (Annexure P-3), to the Show Cause Notice. [2] Meanwhile, HUDA has notified 'One Time Settlement' Scheme on 07.05.2018 whereunder the allottees, who are in default, are entitled to concessions/discounts to the extent of 40%. The Policy nevertheless imposes a condition that the beneficiary allottee shall not be entitled to Meenu 2018.07.12 16:15 I attest to the accuracy and authenticity of this document chandigarh litigate the matter in Court and, if any such litigation is already pending, the

CWP-16496-2018 -2same have to be withdrawn. In our considered view, the condition that the allottees will not be entitled to benefit of concession unless they withdraw their pending cases or give an undertaking not to file a court case cannot sustain as their legal rights cannot be curtailed by way of such executive fiat. In this view of the matter, we permit the members of the petitionerAssociation to avail the benefit of 'OTS' Scheme, dated 07.05.2018 without prejudice to their right to pursue the reply-cum-legal Notice dated 1.09.2017. It is directed that payments to be offered by the members of the petitionerAssociation shall be accepted and adjusted subject to the speaking order to be passed on the reply-cum-Legal Notice dated 1.09.2017, for which we grant three months' time to respondent-authorities. [3] Disposed of.

( SURYA KANT ) JUDGE July 09, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2018.07.12 16:15 I attest to the accuracy and authenticity of this document chandigarh