New Delhi : The Supreme Court on Friday delivered a typical justice in the case of a person constructing a building on a plot allotted fraudulently in connivance with the officials who sanctioned building plans and gave all certificates.
While ordering the Haryana Urban Development Authority (HUDA) to take disciplinary action and punish the officials for conniving with the building owner, the Bench of Chief Justice T S Thakur and Justice Uday Umesh Lalit held that demolition of the house and restoration of the plot to HUDA would work rather harshly for the owner.
It, therefore, allowed the allotment of the plot to petitioner Pratap Singh Yadav, provided he pays the price at the rate of `18,000 per sq metre, the price assessed by HUDA, within six months, failing which the HUDA will acquire the plot along with the building on it unless he removes it within the time granted by the authority.
It was a typical case in which Yadav first surrendered the residential plot allotted to him in 1998 and got back the money deposited, but then filed a complaint before the District Consumer Forum to claim back the allotment. The district forum not only restored him the plot but also ordered a compensation of `2.5 lakh for harassment and mental agony suffered by him.
The State Consumer Disputes Redressal Commission, however, set aside the district forum’s order on the ground that Yadav ceased to be a consumer as defined under the Consumer Protection Act after voluntarily surrendering the plot. The National Commission also upheld the state commission’s ruling and dismissed his revision appeal.
However, in connivance with the HUDA officials, he got the plot allotted to him as per the district forum’s order and got all clearances to build the house.
