Plot transferred 40 years ago sold by HSVP

Saurabh Malik

Chandigarh, March 2

In a shocking turn of events, a Panchkula resident discovered that a plot transferred 40 years ago to her and her sister had been auctioned by the Haryana Shehri Vikas Pradhikaran (HSVP) without her knowledge. The revelation unfolded when the family stumbled upon construction on their plot by a third party.

Taking up a petition filed by the resident and another petitioner, a Division Bench of the Punjab and Haryana High Court has now put HSVP, and other respondents, on notice before ordering the maintenance of status quo in the matter.

“To preserve the nature and character of the site and to avert any further complication, status-quo as regards alienation would be maintained, and no construction shall be carried out till the adjourned date,” the Bench of Justice Arun Palli and Justice Vikram Aggarwal asserted.

Appearing before the Bench, senior advocate Anand Chhibbar with Shreya B Sarin submitted that the plot in Panchkula’s Sector 4, Urban Estate, was transferred in the name of Shelly Sardana, since deceased, and petitioner Poonam Sardana vide letter dated May 19, 1983.

The Bench was also told that an agreement to sell dated June 20, 1984, regarding the site was entered into between petitioners and another respondent, who subsequently filed a suit seeking specific performance of the contract.

Chhibbar added the suit, however, was dismissed vide judgment and decree dated June 5, 1997. The decree was affirmed as the appeal preferred by the respondent was dismissed on September 14, 1998. But a regular second appeal against the decree was pending before the High Court.

Chhibbar added the petitioners were shocked to learn that the site owned by them was being constructed upon by another person. The online status showed that the site had been allotted to him on May 16, 2023, by the HSVP by way of an auction. He added that the respondent, rather, moved an application in the pending regular second appeal on the assumption that the construction was being carried out by the petitioners. The Single Judge, hearing the matter, had, in fact, issued notice on the plea.

The Bench was also told that the ownership/title of the petitioners over the site was never in dispute. The authorities had, post allotment, even executed the conveyance deed dated November 3, 1987, in favour of Shelly Sardana and Poonam Sardana.

The respondent-authorities devoid of any right, title or interest in the site could not put it to auction and create a third party right under any conceivable circumstance. The fact that their negligence had severely impacted the rights/interests of the petitioners was writ large on the face of the record, he added.

Accepting notice on behalf of the State and the HSVP, advocate Deepak Sabherwal prayed for a short accommodation to seek instructions and/or submit a response, if any. Taking a note of the prayer, the Bench asserted he might do so three days prior to the adjourned date.