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Thursday, 8 October 2020

Free from litigation, 850 HSVP plots open for possession now

Sumedha Sharma
Tribune News Service
Gurugram, October 7

As many as 850 Haryana Shahari Vikas Pradhikaran (HSVP) plots have been successfully vacated from court stay and would now be available for allotment, possession or occupancy.

Both the HSVP and its allottees are in a win-win situation as on the one hand the long wait of the allottees is over. Now they will be able to gain possession of their contentious plots, get building plans passed and obtain occupation certificates, while the HSVP on the other hand will not require to look for alternative sites or plots for such allottees who hitherto were demanding the same.

Many plot owners could not get possession as the HSVP land ran in legal trouble — after landowners or farmers challenged the land acquisition demanding either higher land compensation or quashing of the acquisition. On the other hand, the successful allottees who could not get possession of their plot also moved various courts demanding alternative plots as per the HSVP policy.

Under pressure from the courts, the HSVP began hunting for alternative plots in other sectors/areas (beyond sectors 52/57) with the aim to adjust such allottees. But the alternative plot allotment of HSVP too at times ran into legal hurdles for reasons varying from choice of plots and preferences of the allottees to the alternative plot being litigatious as well. The new Land Acquisition, Rehabilitation and Resettlement Act, 2013, laid a provision that if the government failed to compensate landowners/farmers within five years of acquisition, the land would be restored to farmers/owners. This worsened the HSVP woes.

"No doubt this new Act with new provision dragged HSVP into various courts, which required clarification and that came in March in the Indore Development Authority vs Manohar Lal through a judgment dated March 6. This is a big relief both for the authority and its allottees," said HSVP Administrator Jitender Yadav. The new land acquisition Act created a big trouble for various government agencies with landowners using new provision of 24 (2) to get their land either released or under stay, which impacted authorities' urban planning for residential, institutional, commercial and community purposes in a major way.

The matter finally landed in the Supreme Court, which gave a landmark judgment that, owing to lockdown, has been implemented now.

"Post this landmark judgment, we have been consistently working to get stay vacated on such land parcels/pockets which HSVP had acquired so that the original planning of the land can be effectuated which interalia involves granting possession of residential plots allotted by HSVP. So far, 850 HSVP plots have been made litigation free," said Vivek Kalia, estate officer-II, HSVP, adding that they were contacting all such affected plot owners through personal correspondences and public notices.

from The Tribune

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