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...Commission has held that the statutory obligations of HUDA and plot-holder under the provisions of the HUDA Act and the Regulations are not acts or omissions constituting “deficiency in service” within...Order1. Leave granted.2. Heard learned counsel appearing for the Haryana Urban Development Authority (HUDA) as the...the meaning of the Consumer Protection Act.4. On the above finding, the National Commission had no jurisdiction to go into the correctness of the demand of...
...Section 50 of the HUDA Act, 1977 (in short-HUDA Act). Various other pleas were also raised.5. Learned Civil Judge (Junior Division), Panipat, vide judgment and.... The plea of arbitration cannot be raised at appellate stage.8. Learned counsel for the appellants next contended that jurisdiction of Civil Court is barred by Section 50 of the HUDA Act. The...barred by Section 50 of the HUDA Act?”10. Section 50 of the HUDA Act is reproduced hereunder:—“Finality of orders and bar of jurisdiction of civil court (1) Save as...
...under Section 18(1)(b) and notices dated 14.1.2004 under Section 18(2) of the Haryana Urban Development Act, 1973 (for short, the HUDA Act”) were illegal, null and void and...were liable to be set aside being beyond the provisions of the HUDA Act and in violation of the terms of allotment letter, with further relief of permanent injunction restraining the respondents from...ready to pay the balance amount. Still her appeal against the order of resumption was dismissed under Section 17(5) of the HUDA Act and the resumption order was pending. The...
...appellant's appeal was dismissed while holding that jurisdiction of the civil court is barred under Section 50 of the HUDA Act. Aggrieved therefrom, present appeals have been preferred by the plaintiff. During...the HUDA Act, the respondents- authorities are amenable to consider the same on merits. It is not disputed that cases of a number of similarly situated persons have been considered. Learned...counsel for the respondents reiterates that the respondents- authorities shall consider the matter on merits in case the appellants avails the remedy available to him under the HUDA Act. In this view...
...Authority Act, 1977 (for short 'HUDA Act, 1977'). The appeal was dismissed on the ground that it was not maintainable under Section 17(5) of HUDA Act,
1977...Section 17(4) of HUDA Act, 1977. A order of resumption under Section 17(4) of HUDA Act, 1977 was passed by the Estate Officer, Gurgaon on 04.01.1992 on the ground that the petitioner had not completed the....
6. It is against this order that the petitioner preferred an appeal to respondent No.2 under Section 17(5) of the HUDA Act, 1977 which was held by the impugned order to be not...
..., 1977 (hereinafter referred to as the HUDA Act). In addition to the aforesaid, challenge has also been made to the notice dated 05.03.2018 (Annexure P-7) issued under...Section 18(1) of the HUDA Act. 2. Briefly, as facts stated in the petition, we noticed that notice under Section 18(1) of the HUDA Act was iss...said objections, a notice under Section 18(2) of the HUDA Act has been served for vacating the premises in dispute. Learned counsel submitted that Annexure P-9 has been...
...respondents, they were subsequently given khasra numbers 3862/1, 3862/2 and 3862/3. The petitioners have challenged the notice issued under Section 18 of the HUDA Act, 1977 for...to them the structures in their occupation fall within that area. If that is so, there would be no question for taking action under Section 18 of the HUDA Act, 1977 in.... The same shall be done after notice to the petitioners. Needless to assert that the notice issued under Section 18 of the HUDA Act, 1977 would not adversely affect the...
...and in the presence of officials of Improvement Trust, HUDA and District Town Planner officer, Karnal.b) Notice under section 18(1)(b) of HUDA Act, 1977 was...issue of the notice.c) Show-cause Notice under Section 17(2) of HUDA Act, 1977 for personal hearing before the Estate Officer, HUDA, Karnal on 17/11/2008 and...personal hearing under Section 17(2) of HUDA Act, 1977 was provided for 29.12.2008 vide memo no. 17705 dated 18/12/2008.e) In view of a new civil suit titled...
...-1984 and the possession of the said plot was given on 19-9-1984. Letter of allotment was subject to the provisions of the Haryana Urban Development Authority (HUDA) Act, 1977 and the Rules and...; otherwise the plot was liable to be resumed and the whole or any part of the money in respect of the same is liable to be forfeited in accordance with the provisions of the HUDA Act, 1977...dated 26-8-2003 was issued to the allottee under Section 17(4) of the HUDA Act, 1977. One Rakesh Sarna claiming to be the power-of-attorney holder, sent the reply dated 14-11-2003 saying that the...
...9.3.2011 of the trial Court whereby suit of the plaintiff-respondent for declaration to the effect that the action initiated by defendant-HUDA under Section 17 of the HUDA Act, 1977 (for short ‘the Act...sanctioned building plan as well as the zoning plan and therefore notice under Section 17(3) of the HUDA Act was issued. It was further submitted that violation was non...Section 50 of the HUDA Act, 1977 jurisdiction of the Civil Court is barred.On the basis of pleadings of the parties, following issues were framed:-1...
...and sold them without seeking permission of the authorities under the HUDA Act.It is contended that investigation are based on documents and petitioner is willing to join investigation...Ajay Tewari, J. (Oral):— On 17.05.2016 the following order was passed:—“Prayer is for grant of anticipatory bail in case FIR No. 614 dated 7.10.2015 under Section 7 of HUDA...Act, PS Sadar, Palwal, Distt. Palwal.Complainant-DTP Palwal alleges that the petitioner being owner of 3½ acres of agriculture land has proceeded to carve out plots adjacent to the road...
...under Section 17(3) of the HUDA Act. A notice proposing imposition of penalty was also issued. These notices could not be served upon him and therefore notices were served by affixture. A notice...dated 10-1-1995 was also given providing personal hearing. The respondent never appeared. Accordingly the plot was resumed under Section 17(4) of the Act and the amount deposited was forfeited. The appeal...
..., ‘HUDA Act’). However, the Trial Court then went on to hold that the Sale Agreements were either way rendered impossible to perform in view of the land acquisition proceedings and proceeded to grant decree...under Section 7A of HUDA Act and; second that presence of Appellants before the Sub-Registrar on 31.08.2004 or 01.09.2004 when last opportunity to execute the sale deed was granted to Respondent, was...the fact that at the relevant period of time, i.e. Date of Execution, there was no necessity to procure NOC under Section 7A of HUDA Act. He submitted that the land was ‘agricultural land’ on the Date...
...Development Authority Act, 1977 (for short 'HUDA Act') in so far as it sets aside the order of resumption passed by the Estate Officer but on the condition that the petitioner pays the current HUDA price...Estate Officer served a show cause notice under Section 17(1) of the HUDA Act. The petitioner filed a reply. The show cause notice was disposed of vide order dated 29.01.1999...order under Section 17(2) of the HUDA Act was made in full. 5. The matter, however, did not end there. By a reminder dated 07.09.1999 the respondents...
...Authority"
. Provisions of section 14 of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as 'the HUDA Act') were also invoked.
Petitioners...to be acquired without following the procedure given in Chapter VII of the Act although HUDA was not a Local Authority at the relevant point of time.
12. There is not much controversy...12 and 13, under these circumstances. It is admitted that at the time of issuance of notification under section 4 of the Act, HUDA was not a Local Authority but the same was made a Local Authority by...
..., 1977 (hereinafter referred to as ‘HUDA Act’), the Civil Court did not have any jurisdiction as the same is barred. Reliance has also been placed upon the judgment of this Court passed in Regular...him amounts to admission that the notices sent under Section 17 of the HUDA Act has been duly received by him and, therefore, the findings recorded by the Courts below that the principles of natural...the jurisdiction of the Civil Court is barred under Section 50 of the HUDA Act. This argument of the counsel for the appellants could have been accepted, had it not been the settled preposition in law...
...the terms and conditions of the allotment letter. The re-allottees filed an appeal under Section 17(5) of the Haryana Urban Development Authority Act, 1977 (for short HUDA Act) before...the Administrator, HUDA which was dismissed vide order dated 16.3.1999 The revision filed under Section 17(8) of the HUDA Act was also dismissed vide order dated...view of Section 50 of the HUDA Act was barred. The learned trial court decreed the suit on 18.3.2006 and the findings were affirmed on 3.9.2008 by the learned lower Appellate Court...
..., an order for resumption was passed by the Estate Officer, HUDA, Panipat on 27.12.1999 It is mentioned that a show cause notice under Section 17(11) of the HUDA Act was...served upon the petitioner. Subsequently another notice under Section 17(2) of the HUDA Act dated 13.8.1997 was served. Another notice was served on the petitioner providing an...HUDA Act was issued. Subsequently, notice under Section 17(4) was again issued but the petitioner did not appear before the Authority which led to the resumption of the plot...
...with any notices and there had been statutory violations of the requirements of prior notice under Section 17 of the HUDA act. The contest by HUDA was on a factual plea that notice had been served and...that further suit itself was barred under Section 50 of HUDA Act that excluded the jurisdiction of the Civil Court to decide on matter which were specifically provided for under the HUDA Act. The...condoned.2. CM is disposed of.R.S.A No. 915 of 20153. The appeal is at the instance of the Haryana Urban Development Authority (in short ‘HUDA’), against the...
...under section 29 of the HUDA Act, 1977, HUDA has transferred the New Mandi to respondent no. 2-Municipal Committee and therefore, respondent no. 2 has jurisdiction to impose...provisions of this Act shall not apply to a new mandi township or a part thereof."
section 29 of the huda act is reproduced hereunder...section 17 (1) of the New Mandi Act.
As regards contention of counsel for respondent no. 2 with reference to section 29 of the huda act, it has to be noticed...