P&H High Court Directs HSVP To Grant Possession Of Faridabad Plots To Allottees In 4 Months, Rejects Deferment Request Over Pending Plea

The Punjab and Haryana High Court recently directed the Haryana Shehri Vikas Pradhikaran (HSVP) to handover vacant possession of various plots in Faridaad to 21 allottees within four months.In doing so the court rejected the State's request to defer the matter over pendency of a 2009 connected petition where status quo was granted, remarking that no useful purpose would be served keeping the petitioners' petitions pending merely because there is a status quo in a 16-year-old plea plea. A division bench of Justice Suvir Sehgal and Justice Deepak Manchanda was hearing a batch of 21 petitions moved by various plot owners seeking directions to the HSVP–the state's urban development authority, to execute conveyance deeds in the petitioners' favour in respect of plots purchased in Faridabad which were allotted to them. The petitions also sought a direction to the authority to hand over peaceful, vacant and physical possession of the plots to its owners. Appearing for the petitioners, advocate Aadil Singh Boparai argued that during the pendency of the petitions, one of the petitioner's had received a communication dated 22.08.2025 from the office of HSVP's Chief Administrator directing the Estate Officer, Faridabad to handover the possession of the concerned site to the petitioner immediately. Boparai argued that the acquisition of the land in favour of HSVP has been upheld by the High Court in judgment dated 16.05.2019 passed in CWP-8346-2009 pertaining to plots in the same sector as the petitioners, against which HSVP's SLP has been rejected by the Supreme Court on 18.11.2019.The Counsel for the respondents argued that possession cannot be handed over to the petitioners due of pendency of another writ petition (CWP 8525 of 2009 titled Nepal Singh & Others v/s State of Haryana & Others), wherein the high court had on 29.05.2009 directed that status quo be maintained with regard to possession. For context, the petitioners in CWP 8525 of 2009 had challenged notices issued by the State government declaring the land over which petitioners had construction as acquired, wherein they had argued that State government has a policy not to acquire such land which already has constructuion in existence before issuance of Section 4 notification and sought relase of the land in question from acquisition. The counsel further submitted on instructions that this writ petition (CWP 8525 of 2009) is listed on May 7 and its hearing is being expedited on the request made by the State. The court however said:"State counsel has requested for deferment of the proceedings, which is rejected. No useful purpose would be served in keeping these petitions pending, merely because there is a status quo order in a connected petition, which is pending for the last more than 16 years. Be that as it may, since clear cut instructions have been issued by the Chief Administrator, writ petitions are disposed of with a direction to the respondents to handover the vacant possession of the plot to petitioner(s) within a period of four months from today, unless there is any legal impediment in doing so". BackgroundAs per facts of one of the petitions filed by one Bharat Sharma, the urban development authority had in March 2023 conducted an auction of Residential Plots in Sector 80, Urban Estate Faridabad, Haryana on an 'as is where is basis'. The Petitioner submitted his bid in the auction and deposited Rs. 8,73,900 as the bid amount. The bid amount was to be adjusted against 100% of the total sale consideration of Rs. 87,39,000. The petitioner stated that he had performed the obligations in terms of the Letter of Intent dated 11.07.2023 and Allotment Letter dated 19.10.2023, which constitutes a concluded contract. It was stated that the petitioner had paid the entire sale consideration for the Plot to the authority. The petitioner stated that the estate officer's letter to the authority makes it clear that there is no pending litigationon the subject property as Writ Petition filed in 2009 titled Kiran Singh & Ors vs State of Haryana was dismissed by the high court in 2019. It was contended that it was the authority's own understanding that the acquisition of the land had attained finality in law with the dismissal of the 2009 petition in view of another order passed in another 2009 petition titled Jagat Pal and Ors. vs State of Haryana. This order, as per the petitioner, was upheld by the Supreme Court in order dated 18.11.2015 in SLP (Civil) 26568/2019 Jagat Pal and Ors. vs State of Haryana, and has since attained finality. Therefore as acquisition has attained finality no legal right, title or interest can survive in favor of the erstwhile landowners to continue in occupation or possession of the subject property.The plea further stated that in letter dated 01.10.2025, the Chief Administrator had expressly said that the acquisition in respect of the plots has attained finality, and hence, there exists no legal justification to allowthe...

P&H High Court Directs HSVP To Grant Possession Of Faridabad Plots To Allottees In 4 Months, Rejects Deferment Request Over Pending Plea

Malavika Prasad

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