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Faridabad Plot Buyers Score Big: P&H High Court Orders HSVP Handover in 4 Months, Brushes Aside 16-Year Delay Tactic
In a decisive ruling, the has directed the to hand over of plots in Sector 80, Faridabad, to 21 allottees within four months. A of Justice Suvir Sehgal and Justice Deepak Manchanda dismissed the state's plea for deferment, prioritizing buyers who had fulfilled auction obligations over a lingering from a 2009 petition.
From Auction Euphoria to Possession Frustration
The saga began with HSVP's auction of residential plots in Sector 80 Urban Estate, Faridabad, sold on an "" basis. Petitioners like Hemant Kumar Mittal, Keshav Sharma, and Bharat Sharma won bids—such as Sharma's Rs. 87.39 lakh plot—and promptly paid full amounts per letters of intent and allotment notes dated mid-2023. Allotment letters, like Mittal's from , promised conveyance deeds and possession.
Yet, delays mounted. Despite court-upheld land acquisition (CWP-8346-2009, affirmed by in ) and HSVP's Chief Administrator directing handover on , allottees faced roadblocks. They argued the authority's own letters confirmed no pending litigation clouded their sites, with prior challenges dismissed.
Allottees' Arsenal: Finality and Fairness
Led by advocates
,
, and
, petitioners hammered home acquisition finality. They cited the
High Court judgment upholding HSVP's title—SLP rejected by the
—and Chief Administrator's
, note deeming erstwhile owners' occupation unjustifiable.
"This is arbitrary and high-handed,"
they contended, stressing concluded contracts via full payments.
HSVP's Shield: A Dusty 2009
HSVP counsel and state advocates, including Advocate General and Additional AG , countered with CWP-8525-2009 ( ), where a , order mandated on possession. That petition challenged acquisition notices over pre-existing constructions, seeking release from proceedings. With the case listed for , and expedited per state request, they urged deferment to avoid complications.
Bench Cuts Through the Litigation Fog
The court swiftly rejected deferment:
"State counsel has requested for deferment of the proceedings, which is rejected. No useful purpose would be served in keeping these petitions pending, merely because there is a
order in a connected petition, which is pending for the last more than 16 years."
Drawing on precedents like the upheld acquisition ruling and Chief Administrator's directives—including one during pendency—the bench noted HSVP's internal go-ahead for possession. It clarified that prolonged elsewhere couldn't indefinitely stall legitimate allottee claims, especially post-final acquisition.
Punchy Pronouncements from the Pedestal
Key Observations from the judgment:
"No useful purpose would be served in keeping these petitions pending, merely because there is a order in a connected petition, which is pending for the last more than 16 years."
"Be that as it may, since clear cut instructions have been issued by the Chief Administrator, are disposed of with a direction to the respondents to handover the of the plot to petitioner(s) within a period of four months from today, unless there is any legal impediment in doing so."
These quotes underscore the court's impatience with delays, balancing procedural sanctity against substantive justice.
Victory Lap: Possession by July, Broader Ripple Effects?
The , order disposes all 21 petitions (CWP-17042-2025 and connected matters), mandating handover unless legally blocked—clearing paths for conveyance deeds too. For allottees, it's relief after years of limbo; for HSVP, a nudge to act despite tangles.
This could streamline urban plot disputes, signaling courts won't let ancient status quos derail modern allotments when core acquisitions stand firm. Future buyers in similar auctions may cite it to push for swift possession.
