HC asks HSVP for clarification

Introduction

The Punjab and Haryana high court has asked the Haryana Shahari Vikas Pradhikaran (HSVP) to clarify nine points over the 2001 allotment of a 2-acre plot to a group housing society of IAS, IPS and other senior officials in Sector 6 Mansa Devi Complex, Panchkula, allegedly in violation of rules.

The high court bench of justice Daya Chaudhary has sought a status report within six weeks and posted the matter for further hearing on March 13.The matter had reached the high court in 2014, when a Panchkula resident alleged that the allotment of the plot was secured by “illegal members” in “collusion” with the senior HSVP officials. The court was requested to order an FIR against HUDA officials, the cooperative department and the society members.

HSVP Case in Punjab Haryana High Court Chandigarh
HSVP Case in Punjab Haryana High Court Chandigarh

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Legal issue

Whether the allotment of the plot was secured by illegal members in collusion with the senior HSVP officials

Legal standpoint

the Haryana Shahari Vikas Pradhikaran (HSVP) is the urban planning agency of the state of Haryana in India except Gurugram and Faridabad which has Gurugram Metropolitan Development Authority and Faridabad Metropolitan Development Authority respectively. It was established in 1977. The Minister of Town and Country Planning Department, Haryana is the chairman of the authority.

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Facts of the case

The petitioner had alleged that the cooperative department never received the list of society members. Hence, no approval was granted. The 83 members who got this allotment were ineligible since they had already availed of benefit of allotment under a reserved category in plot number 20, Sector 27, Panchkula, a relatively less posh location in a 1998 housing scheme. These members surrendered the plot in 2001, just before going in for this scheme, the petitioner had alleged.

As per lawyers, Narender Hooda and Harmanjit Singh Sethi, now the court has asked HSVP whether a person holding a plot could have been allotted a flat. Also, if a person, whose family member had a flat or plot, could be eligible.

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The HSVP has also been asked to clarify if the society was allotted a plot in 1998, whether it was eligible for flats in 2001. Also, whether allotments to individuals, which were to be done by May 30, 2001, but were made up to August 31, 2001, could have been allowed.

The HSVP has to also clarify whether these allotments could have been made without taking any affidavit from the allottees stating therein that they did not hold any house/ flat in Haryana, one of the main conditions in such schemes.

It has also been asked to clarify whether IAS/ IPS officials can be considered state-government employees for the purpose of allotment, since their principal employer remains the Centre. Detailed order from the court is awaited.

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This post is written by Rachita Yedhula.

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