Heard the learned counsel for the parties. In this matter, we have passed various orders from time to time so as to give appropriate relief to the petitioner/complainant, who is waiting for having a plot since 1990. Despite various orders passed by the District Forum, the State Commission, this Commission and the Apex Court, on one ground or the other, the consumer was harassed and was required to approach this Commission again and again. Finally, the plot was allotted but certain conditions were added by the respondent (HUDA) so that the complainant cannot develop the plot properly. Thereafter, Condition No.19 has been added in the Allotment Letter which provides that “transfer and bifurcation of plot shall not be allowed under any circumstances”. In our view, this condition is, on the face of it, illegal and void. If any reference is required, Section 10 of the Transfer of Property Act, 1882 (hereinafter referred to as the TP Act for brief) makes it abundantly clear that such condition cannot be imposed in a transfer of immovable property. Section 10 of the TP Act, inter alia, provides “where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void”. In this view of the matter, it is directed that the said condition No.19 in the allotment letter shall not be applicable to the complainant and the same is void. However, the learned Counsel for the HUDA submitted that there is a reasonable apprehension that the plot which is allotted at concessional rate for construction of hospital may be transferred by the complainant without constructing the hospital. To avoid such eventuality, we direct that the complainant shall construct a hospital on the said plot and would not transfer the same for a period of 10 years except by way of natural succession. Thereafter, the plot can be transferred as per the policy of HUDA. This order is required to be passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent. For the zoning, if there is any difficulty, it would be open to the complainant to approach the appropriate authority. This Revision Petition and the Miscellaneous Petition stand disposed of accordingly. There shall be no order as to costs.
......................JM.B. SHAHPRESIDENT
......................RAJYALAKSHMI RAOMEMBER | | 
