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HUDA penalised for not complying with court orders

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Express news service

Posted: Mar 08, 2008 at 0215 hrs IST

Chandigarh, March 7 The Haryana Urban Development Authority (HUDA) seems to be insensitive towards the directions of the Punjab & Haryana High Court.

It has been more than nine months since HUDA has not issued a reply against a petition filed by a Group Housing Society challenging the notices issued by HUDA to the society.

Irked by this, a division bench of the High Court, headed by Chief Justice Vijender Kumar Jain slapped a penalty of Rs 20,000 on HUDA. It is pertinent to mention here that the additional penalty was slapped after the Court observed that a penalty of Rs 5,000 slapped on HUDA on the last date of hearing had not been paid yet.

On the last date of hearing, the Court while issuing a penalty of Rs 5,000 on account of non-filing of reply by HUDA, had directed it to file a counter affidavit. Surprisingly, HUDA neither paid the penalty nor filed the counter affidavit in the High Court. Expressing shock on the sheer disobedience, the Chief Justice came down heavily on HUDA.

“This clearly shows how insensitive the officials are towards Court orders. Not taking the directions of this Court seriously, neither the counter affidavit nor the cost has been paid. A report shall be placed on record to explain who is responsible for not obeying the Court orders,” the Chief observed.

The case pertains to a petition filed by Himanshu Cooperative Group Housing Society, Sector 20, Panchkula. The Society had moved the High Court challenging the notices issued by HUDA whereby the rate of allotment of site to the Society was enhanced. Aggrieved with the notices, the Society moved the High Court contending that HUDA had no power to issue such notices.

The advocate appearing on behalf of the Society, Advocate O P Sharma contended that HUDA was not entitled to enhance rates of site allotments, as there was no such provision under the Land Acquisition Act. The petition was filed in July 2007. Notices were issued to HUDA but the latter has not come up with a reply till date.

The Chief Justice also observed that if a party is found guilty of not obeying Court orders, the guilty will be sent behind the bars.

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