HUDA can’t frame policy for compounding offence, HC told

Tribune News Service

Chandigarh, October 22

The Punjab and Haryana High Court was on Monday told that HUDA was not competent to frame policy for compounding multiple plot allotment offence.

A Bench hearing the multiple plots allotment case was also told that the HUDA Act did not postulate the charging of amount on the basis of today’s market value.

As the case came up for resumed hearing before Justice Daya Chaudhary’s Bench, counsel for petitioner-accused Harmanjit Singh Sethi submitted that the policy was not sustainable in the eyes of the law. The draft policy, among other things, said 15 per cent of today’s market value of the plot could be charged in case of two plots, 20 per cent for three, 25 per cent for four and 35 per cent for five and above.

Sethi went on to add that the allotment letter was sacrosanct. The letter made it clear that allotment could be cancelled and 10 per cent of the earnest money forfeited if affidavit, information or certificate was found to be false. The allotments were not cancelled or recalled; and HUDA could at best charge 10 per cent the amount. The case will now come up for further hearing on November 25.

The development took place more than two years after the alleged pick-and-choose policy adopted in HUDA multiple-plot allotment case was brought to the High Court’s notice. Justice Chaudhary, on the previous date of hearing, had ordered the registration of FIRs against all persons facing allegation of double allotment. Justice Chaudhary had also directed the registration of FIRs in cases where allotments were made contrary to the policy.