Bam Deva vs UNITED INDIA INSURANCE CO LTD

HARYANA Urban Development Authority has come up in appeal against the order dated 22nd January, 1997, whereby complaint has been allowed by issuing the following directions: "(i) To deliver the vacant physical possession of the plot in dispute to the complainant after removing encroachments and completing the development works. (ii) To pay interest @ 18% p.a. on the amount deposited by him prior to 1.6.92 with effect from 1.6.92 and on the amount deposited by him after 1.6.92 from the date of its deposit till payment. (iii) To pay Rs. 30,000/ - by way of compensation for physical harassment and mental agony caused to him. (iv) To pay Rs. 500/ - by way of costs of proceedings."

ADMITTEDLY the allotment of the plot was made to the complainant on 12th September, 1987 and for about 10 years the possession of the plot has not been delivered to the complainant as some Jhuggies existed on the plot. The learned District Forum rejecting the plea of HUDA allowed the complaint by issuing the above directions. In the appeal before us, learned Counsel for the appellant has vehemently contended that as possession could not be delivered earlier due to encroachment by the Jhuggi dwellers which was beyond the control of HUDA, complaint should not have been allowed. We do not find any merit in the contention as it was the duty of HUDA to have the Jhuggi dwellers removed and vacant physical possession delivered to the allottees when they have charged the price of the plot, interest thereon and extension fee etc. Consequently, we uphold the order passed by the learned District Forum and dismiss the appeal by directing HUDA to deliver vacant physical possession to the plot of the complainant, forthwith. Appeal dismissed.