News reports of money refund in leading daily creates flutter amongst the HSVP Plot owners waiting for alternative plot against their disputed HSVP Plot.

HSVP previously known as HUDA has been floating residential Sectors since the 1980s. Almost every sector they have floated or allotted is filled with litigations. Many Plot owners or the allottees are still making rounds in respective HUDA Offices for their allotted plots or subsequent alternate plot. Due to lack of intent and unprofessionalism of the blue-eyed boy of government i.e HSVP, the owners of the plots have become petitioners in various Courts and High Court.

Gurugram and Faridabad has been at the helm of disputes wherein the HUDA floated residential sectors and subsequently allotted the HUDA plots without looking into the pending and future potential litigations.

Now the petitioners who were allotted Plots in 2003 in the Sectors 51 & 52 of Gurugram and in 2005 in Sector-57 of Gurugram are the worst hit as they were allotted plots on the land which was under litigation or came under litigation after allotment. Since 2003 and 2005 they have been waiting and demanding their allotted plots or an alternate plot in lieu of their disputed plots.

In the year 2012 and 2014 few owners of disputed plots were allotted alternate plots in Gurugram but the majority were left out even then also. Then there are cases where alternatively allotted plot was again allotted onto the disputed land.

On 04.01.2020 there were news reports that HUDA/ HSVP has decided to refund the deposited amount with interest to those plot owners who haven’t got the possession of their plots because of litigations. If this news is correct then it will open another round of troubles for plot owners who are fighting against HSVP or HUDA for their plots. See Times of India News Report

This very approach is completely challengeable on the grounds of equity and will be in violation of their own policy relating to exchange of plots dated 18.02.2013.

If the reason for non-allotment is pending litigation than HUDA and Haryana Government should introspect the manner in which the cases are taken up in Hon’ble High Court and Hon’ble Supreme Court.

Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters about HSVP/HUDA. Issues like delay possession, alternate plots, enhancement, etc are being taken by him. The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179

HSVP, Gurugram in a reply to RTI, confirms that there is Court Stay on plots of Sector-57, Gurugram.

Earlier it was assumed that news of court stay on transfer, construction, completion, etc on the plots of Sector-57 were all cooked up stories. 

To ascertain whether this news has to do something with reality, an RTI was filed asking about the information of court stay on Sector 57 plots and whether any sale, purchase, constructions, etc are being permitted by HSVP.
In the reply to the RTI, HSVP gave the list of Civil Writ Petitions (CWP) which are pending in Hon'ble High Court and till the pendency prevails, HSVP can't allow the transfer, construction, completion, etc on the plots of Sector-57.
Now, it is up those plot or floor owners whose future planning is stalled because of this event, which has cropped up into their lives and without any fault of theirs.
It is pertinent to note that HSVP has been issuing transfer permissions to plot and the floor owners even after the cases were filed in the Hon'ble High Court.
Moreover, it appears while courts were deciding the matter and gave stay or status quo, HSVP was not there to put their point forward, that they have done the planning and people are living there.
Till there is no resolution from the court, matters stand suspended.
Aggrieved people can approach the Hon'ble High Court for relief as it HSVP which has put them in trouble.

Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters about HSVP/HUDA. Issues like delay possession, alternate plots, enhancement, etc are being taken by him. The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179

Problems don't end for the Plot Owners of Sector-57, Gurugram. More than 1000 plots fall into court stay & omission

Once again non-application of mind and careless, the attitude of HSVP which was earlier known as HUDA has exacerbated the never-ending woes of residents and plot owners of Sector-57, Gurugram.

Sector-57, Gurugram is still reeling under the atrocious enhancement and matter is still unresolved, despite several assurances for the HSVP and worthy Chief Minister Sh Manohar Lal himself, now this sword of ambiguity in the name of stay on plots hangs plot owners and residents.

The HSVP says that more than 1000 plots of Sector-57, Gurugram fell into the category of being omitted or bears the status of court stay. HSVP says that landowners on whose land these plots have been carved out, have approached Hon'ble High Court & Hon'ble Supreme Court for the release of their lands under the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The matter is either pending in either of the above mentioned courts.

It is difficult to understand when landowners went in court for relief in the years 2014 and after, then why HUDA/HSVP allowed the sale purchase and construction of these plots, these developments were not told to the plot owners, who are equal stakeholders in this development.

What does this stay means?

This stay means that no transfer permissions for sale of plots, no completion certificates after the construction of the house etc would be given by the HSVP.

How this would be resolved?

Until HUDA/HSVP appeals or makes prayer in courts where matters are pending saying that 3rd party interest is also being created and someone else other than Land Owner and HUDA/HSVP is also affected because of this stay imposed by HSVP citing court orders.

Those who are immediately affected by this stay and who are denied the sale or purchase and those who are unable to get completion certificate etc should make a representation to HSVP and later will have to approach the concerned court for seeking relief.

Author of this blog Pankaj Yadav is a practicing advocate at High Court of Punjab and Haryana, Chandigarh and is taking up the matters pertaining to HSVP/HUDA Issues like delay possession, alternate plots, enhancement, etc are being taken by him. The author can be reached at pankajyadav.legal@gmail.com or +91-9711791179