Haryana notifies streamlining of recovery process for homebuyers

Saurabh Malik

Chandigarh, May 18

In a major relief to homebuyers constrained to approach the court following the failure of the authorities concerned to execute recovery warrant/certificates issued against promoters despite the lapse of several years, Haryana has come out with a notification to streamline the recovery process.

Will expedite execution of decrees

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• Notification will provide required impetus to long-drawn execution proceedings
• Provides teeth to the authority concerned to execute its decrees expeditiously without having to leave it to revenue officials

The notification came after the Punjab and Haryana High Court observed it had “come across many such cases, and records were replete, where investors were constrained to approach the court for the authorities failed to execute the recovery certificates, though years have gone by”.

The Bench of Justices Arun Palli and Vikram Aggarwal was hearing 25 petitions on the issue. A substantial number of petitioners were complainants before the Gurugram Haryana Real Estate Regulatory Authority. Their complaints under the provisions of the Real Estate (Regulation and Development) Act, 2016, were allowed years ago. The competent authority, or the adjudicating officer, subsequently issued recovery certificates, whereby the amount they were entitled to, was determined upon initiating the execution proceedings. Their grievance was that the authorities apparently failed to recover the amount.

In one of the matters, the entire land belonging to a promoter was attached. The recovery certificates were sent back to the Haryana Real Estate Regulatory Authority for necessary orders, since vacant land was subsequently not available for attachment.

The Bench observed that the Haryana Additional Advocate-General, during the course of hearing, shared a copy of the gazette notification, dated May 11, issued by the Personnel Department. It revealed that the powers of the collector for execution of recovery warrants/certificates had now been vested with the adjudicating officer.