Haryana Urban Development Authority Act, 1977 (13 of 1977)

Section 14, 15 – Land loser/Oustees policy -- Whether HUDA should charge only the actual land cost plus development charges for the plots allotted to oustees/land losers, and not the market price/normal allotment price – Held, where there is a scheme but it does not regulate the allotment price, it may be possible for the court to direct the State Government/Development Authority to allot plots to land losers at a reasonable cost, and in special and extraordinary circumstances, it may also indicate the manner of determining the allotment price -- But where the scheme applicable specifies the price to be charged for allotment, its terms cannot be ignored -- HUDA scheme requires the land loser-allottee to pay the normal allotment rates for the plots to be allotted to them under the scheme -- Land loser cannot claim allotment at acquisition cost of land plus development cost or at any other lesser price. Brij Mohan & others v. Haryana Urban Development Authority & Another, 2011(1) L.A.R. 378 (SC).

Section 14, 15 – Land loser/Oustees policy – Allotment of plot – Price to be charged -- Normal allotment rate – Scheme requires the allottees under the scheme for land-losers/oustees, to pay the normal allotment rates for the allotted plots -- Application for allotment was made in 1990 -- On 9.9.1991, HUDA advertised the residential plots in the sectors developed from the acquired lands for allotment, wherein the allotment rate was shown as Rs.1032 per sq.m. for plots and in the year 1993, price was increased to Rs.1342/- per sq.m. -- Should the land loser who promptly made the application in 1990 be made to suffer, because of the inaction on the part of HUDA in making the allotment – Policy clearly states that “claims of the oustees shall be invited before the sector is floated for sale” – This is also reiterated in the subsequent scheme dated 19.3.1992 – Prices to be charged will be the rate which is equal to the rate that is fixed when the sector was first floated for allotment -- Appellants should therefore be allotted plots under the scheme at the initial price at which the Layout/Sector plots were first offered for sale after the acquisition. Brij Mohan & others v. Haryana Urban Development Authority & Another, 2011(1) L.A.R. 378 (SC).