The Supreme Court has issued a notice to Haryana Shahari Vikas Pradhikaran(HSVP) for not passing a speaking order with regards to changes in policy related to transfer of institutional plots alloted by the authority. The directions were issued on the petition of a Delhi-based developer, who had first approached the Punjab and Haryana high court and later the apex court after the authority refused to permit the sale of an institutional plot owned by the developer.
As per the details shared by the counsel of the developer, HSVP allotted a 4,050-square metre plot to Nehru Place Hotels and Real Estate in March 2013 for a sum of ₹14.95 crore. Occupation certificate was issued to the developer in 2014, he said. Two years later, the developer sought permission for the sale of plot and building but it was not granted. The authority held that institutional plots are sold with the condition that these can’t be sold or transferred to a third party.
Sanjeev Alawadi, counsel for the company, said that the restraining order was incorrect as this condition of non transfer can remain only till the consideration was unpaid. “After making the payment, the allottee is the absolute owner of the plot and has absolute right to transfer it,” he said, adding that the company approached the Punjab and Haryana high court, seeking relief and the court gave directions to HSVP that a fresh order be passed in the matter.
Alawadi said that the HSVP has refrained from passing a speaking order in this matter and for the past one year they have been waiting for the same. “We approached the apex court in this matter and submitted that the authority was in contempt of High Court order following which a notice has been issued to the authority’s officials,” he said.
A HSVP official, when asked about the matter, said that institutional plots are meant for specified use and cannot be used for speculation purposes. “A policy change is also being carried out for these plots whereby the allottee has to pay half the price of existing circle rates,” he said..
Anil Grover, senior additional advocate general of Haryana, who is representing the HSVP in this matter said that directions issued by the apex court will be complied with. “As per directions issued by High Court and Apex Court, a fresh speaking order in this matter will be passed by HSVP,” he said.