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2018 Supreme(P&H) 2916

ANIL KSHETARPAL
Haryana Urban Development Authority, Panchkula – Appellant
Versus
Braham Bhushan – Respondent


Advocates Appeaerd:Mr. Som Nath Saini, Advocate for the appellant.
Mr. Pawan Kumar, Sr. Advocate with Mr. Abhimanyu Batra, Advocate for the respondents.

JUDGMENT

Mr. Anil Kshetarpal, J.:- The defendant-appellant is in the Regular Second Appeal against the judgment passed by the First Appellate Court reversing the judgment passed by the learned trial Court.

In the considered opinion of this Court, following substantial questions of law arise in the present case:-

1. Whether in the absence of any finding, either with respect to violation of the principles of natural justice or the mandatory procedure laid down in the Act or the Rules, the jurisdiction of the Civil Court to examine the validity of the order of resumption in view of the bar created under Section 50 of the Haryana Urban Development Authority Act, 1977 (for short “the Act of 1977”) shall stand excluded/barred?

2. Whether an order passed by the authority under Section 17 of the Act of 1977 is required to be challenged by the aggrieved person within a period of three years from the date of the order?

The defendant-appellant invited general public to participate in the auction of the commercial sites. In the advertisement, the main terms and conditions of the auction

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