HUDA vs BALA RANI GUPTA

HARYANA Urban Development Authority has come up in revision against the order dated 6th March, 1996 passed by learned District Forum, Gurgaon, whereby alternative plot has been allotted to the complainant in lieu of the old one on the same price or in the same price range at which the original plot had been allotted to her on 15th November, 1985.

MR. B.S. Walia, learned Counsel for the petitioner-HUDA has vehemently contended that since in the original order passed by the learned District Forum on 8th June, 1995 in Complaint Case No. 213 of 1995, it had not been specifically mentioned that the alternative plot shall be allotted on the same price, the District Forum could not direct the HUDA for the first time in the execution that the price of the alternative plot shall be the same or in the similar price range as was for the original plot. We do not agree with the learned Counsel, as we have already held in number of cases that the allotment of alternative plot is always in lieu of the plot already allotted and is in fact an exchange for the old one. Therefore, the price to be charged by HUDA for the alternative plot shall have to be the same as was the price fixed and paid by the complainant for the original plot. Therefore, the District Forum has rightly clarified the same and it is irrelevant whether it has been done in the original complaint or in the execution. Consequently, this revision petition is dismissed with no order as to costs. Revision Petition dismissed.