Smt. Raj Bala vs The Chief Controller of Finance and Another

Satish Kumar Mittal, J.—Vide allotment letter dated 23.9.1993, plot No. 76, Sector 13-17, Panipat, was allotted in favour of Ram Singh (husband of the petitioner). Unfortunately, he expired on 10.2.2000 and after his death, the said plot was transferred in the name of the petitioner and her minor son Dhirender Kumar, being legal heirs of said Ram Singh. After the transfer, the petitioner and her minor son became co-sharers in the said plot to the extent of one-half share each. During his life time, the husband of the petitioner and after his death, the petitioner could not construct the said plot. Therefore, they are liable to pay the extension fee for non-construction. The petitioner claims that as per clause (B) of the HUDA Policy dated 29.1.2007 (Annexure P-6), which provides that rebate of 90% on the extension fee shall be given on residential plots owned exclusively by women, she is entitled to get rebate of 90% on the extension fee on the plot in question. A perusal of the impugned order dated 14.6.2013 (Annexure P-5) passed by the Estate Officer, HUDA, Panipat (respondent No. 2 herein) shows that since the plot in question stood allotted in the name of the petitioner and her son, therefore, she was held to be not entitled for any relief towards extension fee being not exclusive owner of the plot. Learned counsel for the petitioner contends that the other co-sharer in the plot is minor, therefore, it should be taken that the entire plot is exclusively owned and possessed by the petitioner, who is a widow, and under the said policy, she should be granted the concession.

After hearing learned counsel for the petitioner, we are of the opinion that if the co-owner in the plot in question is minor or major, it makes no difference, and the plot cannot be said to be exclusively owned by the petitioner in any circumstance. Therefore, in our opinion, the respondents have rightly rejected the claim of the petitioner for grant of rebate of 90% on the extension policy under the aforesaid policy. Dismissed.