P&H : Upholds Decree Against HUDA’s Enhanced Compensation; Orders Recalculation Across All Allottees, Refund With 9% Interest

Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978, Reguls.2(b), 10 - Demand notice - Enhanced compensation - Enhanced compensation is required to be distributed proportionately over the entire developed area of scheme including residential and commercial components exclusion of commercial areas and sector roads - Loading...

Haryana Urban Development Authority Act, 1977, S.50 — Bar of jurisdiction of civil Court - Where demand raised by authority is arbitrary and without factual or legal foundation,  jurisdiction of civil Court is not barred. (Para17) 

Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978, Reguls.2(b), 10 - Demand notice - Enhanced compensation - Authority’s subsequent calculation showing no dues and Estate Officer’s affidavit confirming transfer and absence of outstanding amount reinforce the conclusion that impugned demand lacked sustainability. (Para 18)

Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978, Reguls.2(b), 10 - Demand notice - Enhanced compensation -Refund with interest  - Authority directed to re-compute enhanced compensation strictly in accordance with law by proportionately distributing burden over all categories of allottees, including commercial and residential...