Jolt to Huda as HC stays e-auction of residential plots in urban areas

GURUGRAM: Putting the brakes on cash-strapped Huda's fund-raising exercise, the Punjab and Haryana high court has stayed all e-auctions of residential plots in urban areas of the state by the development authority.

Between April 2016 and July 2017, Huda has collected around Rs 550 crore from e-auction of residential plots in Gurgaon alone.

A full bench of the high court passed the order on Tuesday while hearing combined multiple petitions related to claims of oustees, whose land was acquired by Huda over the years for development of sectors and infrastructure work.

On September 24, the high court had rejected the oustees' policy of Huda wherein the urban development authority promised to reserve 50% of available plots for oustees under its one-time settlement scheme. The court had also raised nine critical questions related to the process of allotment and eligibility of oustees.

Confirming the latest development, Huda's estate officer Vivek Kalia said they had received an official communication from headquarters and that the e-auction of residential plots in Gurgaon slated for October and November had been postponed till further orders.

"We have been asked to prepare a fresh schedule for e-auction of residential plots," said Kalia, adding the authority would continue with the e-auction of commercial and institutional plots as per schedule.

The latest order has ignited a ray of hope among the oustees, who have been fighting a legal battle for more than a decade with Huda over the allotment of alternative plots. Earlier, the high court had combined multiple petitions filed by oustees against Huda for alternative plots.

According to the petitioners, Huda offers 50% of the available plots for oustees under its one-time settlement policy and the allotment takes place through a draw of lots. And that the lucky draw doesn't ensure the eligibility of all oustees in getting alternative plots, which means those whose names figure in the eligible list will have to pay the market price for the plot.

However, the oustees in their petition demanded they be given the alternative plots at subsidised rates.

In earlier hearings, the high court had also raised questions like — when is an oustee entitled to be allotted a plot under the oustees' quota? Are the authorities bound to offer the oustee the plot under the quota or is the oustee bound to first apply for the same? On allotment of alternative plots, HC questioned whether the claims of oustees for allotment of plot under the oustees' quota are required to be settled first before offering plots to the general public.

In Gurgaon alone, thousands of farmers had given up their land for development of sectors 1 to 115. The authority also acquired land from farmers for development of residential sectors in Faridabad, Rewari, Narnaul, Palwal, Jhajar, Rohtak, Sonipat and Pinjor.