HC takes note of delay in handing over plots by GMADA, HSVP

Tribune News Service

Chandigarh, June 7

Taking cognisance of petitions “coming up on a daily basis in huge numbers” seeking directions for handing over the possession of “developed plots” in pursuance to “development schemes”, the Punjab and Haryana High Court has impleaded Greater Mohali Area Development Authority (GMADA), Haryana Shahari Vikas Pradhikaran (HSVP) and all such agencies and authorities created by Punjab, Haryana and Chandigarh (UT).

Punjab, Haryana & UT made party

• Asks Punjab, Haryana and the UT as to why its agencies were not getting themselves registered with RERA
• GMADA, HSVP and similar agencies created by Punjab, Haryana and the UT made parties to the ongoing case
• RERA mandates registration of all new and ongoing projects to safeguard the rights of project stakeholders

The Division Bench of Justice Amol Rattan Singh and Justice Lalit Batra also asked the additional chief secretaries and principal secretaries of Punjab and Haryana, along with the UT secretary concerned, to specify in their affidavits as to why authorities/agencies were not getting themselves registered with the Real Estate Regulatory Authority “as regards the projects which were not completed on May 1, 2017. The RERA mandates registration of all new and ongoing projects to safeguard the rights of project stakeholders.

The directions came on a petition filed by Anil Kumar Yadav and other petitioners against the State of Punjab and other respondents. They were, among other things, seeking directions to the Jalandhar Improvement Trust (JIT) to handover the possession of developed plots allotted to them in 2011 in pursuance to a development scheme— Surya Enclave. The petitioners were seeking a refund of the deposited amount, along with 18% interest from the payment date.

The Bench asserted the petition was filed for specifically issuing directions to the JIT, but such petitions were coming up daily before the court. Consequently, the court considered it appropriate to take up the petition, exercising its jurisdiction under Articles 226/227 of the Constitution, to get the response of all the authorities concerned in both the states and Chandigarh.

The Bench added the agencies and authorities to be enlisted include GMADA, Greater Ludhiana Area Development Authority (GLADA), Patiala Development Authority (PDA), Amritsar Development Authority (ADA), Jalandhar Development Authority (JDA), HSVP, Housing Board Haryana and Chandigarh Housing Board, besides all the improvement trusts in Punjab and Haryana.

Fixing the case for July second week, the Bench made it clear that affidavits should be positively filed at least five days in advance, “failing which the officer concerned shall remain personally present in the court on the date of hearing”.

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