BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Execution App. No.:20 of 2016.
Date of Institution: 25.04.2016.
Date of Decision:19.07.2016
Surender Kumar Goyal son of Shri Purushottam Dass Goyal, resident of 150, Green Cottage, Hansi Road, Bhiwani.
….DH/Complainant.
Versus
Haryana Urban Development Authority, through its
- Chief Administrator, Haryana Urban Development Authority, Sector-6, Panchkula, Haryana.
- Estate Officer, HUDA, Bhiwani.
…...JDs/Opposite Parties.
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present:- Sh. Raj Karan, Advocate for DH.
Sh. Mukesh Jangra, Advocate for JDs.
The brief facts of the execution application are as under complainant filed complaint no. 257 dated 23.05.2006 against the respondents, which was allowed vide order dated 30.01.2014. It is alleged that the respondents challenged the order of Hon’ble Forum before State Commission by way of first appeal no. 219 of 2014 which was dismissed vide order dated 17.07.2014 and respondents further filed revision petition no. 3436 of 2014 against the order dated 17.07.2014 in appeal no. 219 of 2014 of State Commission, Haryana before NCDRC, New Delhi. It is alleged that no stay against the orders dated 30.10.2014 and 17.07.2014 was granted by the NCDRC, New Delhi and complainant moved an application to the OP no. 2 to sanction the building plan of the plot bearing no. 234 Sector-26 Bhiwani in compliance of order dated 30.01.2014 passed by this Forum. It is alleged that the complainant filed execution petition no. 38 of 2014 against the Ops before the Forum and after hearing the parties this Hon’ble Forum was pleased to direct the Ops to delete the condition imposed on the site plan vide order dated 13.01.2015 and case was adjourned to 21.01.2015 for compliance but no compliance was not made by the Ops. It is alleged that vide order dated 09.02.2015 OP no. 2 HUDA was directed to appear in person on 18.02.2012 and OP no. 2 assured the Hon’ble Forum to sanction the site plan deleting the condition imposed on the site plan and as such the execution petition was disposed off. It is alleged that after dismissal of the revision petition, JD/OP has not so far deleted the condition imposed on the site plan and deferred the matter on one pretext or the other. Hence this application has been filed and prayed that the order dated 13.01.2015 may kindly be ordered to be enforced and Ops be punished for maximum imprisonment.
2. Learned counsel for the DH submitted that revision petition No. 3436 of 2014 filed by HUDA JD/OP before the Hon’ble National Commission against the order of Hon’ble State Commission, Haryana, has been dismissed vide order dated 24.11.2015. He submitted that no further appeal or revision against the order of Hon’ble National Commission has been filed by the HUDA, as per the information given by HUDA vide memo no. 4606 in response to the RTI application of the DH. The building plan for plot no. 234 Sector-26 Industrial Area Bhiwani was approved by the HUDA subject to the decision of NCDRC/Apex Court in this matter. The counsel for the DH requested as no appeal/revision of HUDA is pending and Hon’ble National Commission, New Delhi has already dismissed the revision petition of HUDA vide order dated 24.11.2015. Hence the HUDA JD/OP is liable to remove the said condition from the building plan of the DH. The counsel for the JD/OP submitted that the JD/OP has already made compliance of the order dated 13.01.2015 passed by this learned District Forum in execution no. 38 of 2014 of the DH. He submitted that memo no. 326 dated 18.02.2015 has been issued by JD/OP to the DH in this regard. He further submitted that this execution of the DH/complainant is not maintainable.
3. In the context of the arguments of the parties, we have examined the relevant material on the record. Admittedly, the revision petition no. 3436 of 2014 filed by HUDA JD/OP has been dismissed by the Hon’ble National Commission, New Delhi vide order dated 24.11.2015, upholding the decision of below Fora in this case. As per the information supplied by the HUDA JD/OP to the DH vide memo no. 4606 the JD/OP has decided not to file further appeal against the order of NCDRC, New Delhi. Nor the counsel for the JD/OP has made any contention regarding the filing of the further appeal before the Apex Court.
4. The JD/OP HUDA vide memo no. 326 dated 18.02.2015 issued to DH has mentioned as under:-
As per direction issued by Competent Authority, Building plan of your Building No. 234-P Sector 26 Industrial Area Bhiwani has been approved subject to decision of NCDRC/Apex Court in this matter. However special endorsement to this effect made on site plan has been removed as per order dated 13.01.2015 passed by Hon’ble DCDRF Bhiwani in execution petition of this case.
You will abide by the order of Higher Courts in this matter. Sanction of building plan of plot No. 234 Sector 26 Industrial Area Bhiwani is there for conditional subject o decision of NCDRC/Apex court in this matter.
From the perusal of abovesaid portion of the letter, issued by HUDA to the DH, it is clear that the sanction of building plan of plot no. 236 Sector 26 Industrial Area, Bhiwani is conditional subject to decision of NCDRC/Apex Court in this matter. As per the contention of the DH, despite repeated representations made by him to HUDA, after the passing of the order dated 24.11.2015 by the Hon’ble National Commission, New Delhi, the HUDA/JD has failed to remove the endorsement of conditional sanction of site plan subject to decision of NCDRC/Apex Court in this matter. Considering the facts of the case, we have come to this conclusion that the JD/OP was bound to remove the said endorsement from the site plan of plot in question after the order of Hon’ble National Commission, New Delhi dismissing the revision of the JD/OP. The JD/OP has failed to remove the said endorsement imposing the condition on the site plan. Taking into account every aspect of the case, the said endorsement imposing the condition on the site plan stands removed by this order to enforce the order dated 13.01.2015 passed by this District Forum in this matter. File be consigned to the record room after due compliance.
Announced in open Forum.
Dated: 19.07.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member. Member.
