PRATAP SINGH YADAV versus HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

PRATAP SINGH YADAV versus HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

The appellant may retain the plot subject to depositing the prevalent price (Rs.18,000/- per sq. meter) within six months; disciplinary action to be taken against HUDA officials; demolition or restoration is not warranted due to constructed house and time elapsed; failure to deposit vests HUDA with right to dispossess.

Parties
Appellant: Pratap Singh Yadav; Respondent: Haryana Urban Development Authority & Anr.
Jurisdiction
India
Judgment Date
28 October 2016
Procedural Posture
Civil Appeal / Appeal From National Commission and State Commission Orders
Outcome
Appeal partly allowed
Legal Topics
Allotment of Plot, Fraudulent Allotment, Restoration of Property, Disciplinary Action Against Officials, Refund Claims, Limitation in Consumer Complaints
Consumer Protection Property Law Administrative Law Allotment of Plot Fraudulent Allotment Restoration of Property Disciplinary Action Against Officials Refund Claims +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pratap Singh Yadav

Appellant

Haryana Urban Development Authority & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From National Commission and State Commission Orders

Legal Issues

  1. 1 Whether the appellant is entitled to restoration of the plot after voluntary surrender and refund
  2. 2 What action should be taken against HUDA officials found complicit in fraudulent allotment
  3. 3 Whether demolition/restoration or retention subject to terms is appropriate given the construction on the plot

Ratio Decidendi

The appellant may retain the plot subject to depositing the prevalent price (Rs.18,000/- per sq. meter) within six months; disciplinary action to be taken against HUDA officials; demolition or restoration is not warranted due to constructed house and time elapsed; failure to deposit vests HUDA with right to dispossess.

Court Disposition

Appeal partly allowed

Orders

  • Order of National Commission and State Commission set aside subject to appellant depositing Rs.18,000/- per sq. meter for plot within six months
  • If appellant fails to deposit, appeal stands dismissed and previous orders affirmed