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Haryana Urban Development Authority ... vs Rakesh Budhiraja Etc on 6 January, 2023 cites

Haryana Urban Development Authority ... vs Vipin Sharma And Another on 18 March, 2009

Learned District Judge further held that provisions of the HUDA Act, 1977 being similar to the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 in view of the decision of this Court in Vipin Sharma's case (Supra), once there were specific provisions to deal with violations on account of building bye-laws as provided under HUDA Act, 1977 and regulations 1979, action firstly had to be initiated under Section 55 HUDA Act, 1977 and if the allottee did not show cause or did not do the needful as required to be done under Section 55 HUDA Act, 1977 including payment of penalty or compensation, then to initiate further action for resumption but no such action was justified in the first instance and that in the circumstances, HUDA was required to initiate proceedings under Section 55 HUDA Act, 1977, if there were some violations on account of building bye-laws or zoning plans and only thereafter proceedings could be initiated under Section 17 HUDA Act, 1977.
Punjab-Haryana High Court Cites 8 - Cited by 5 - Full Document

State Of Haryana And Ors. vs Vinod Kumar And Ors. on 14 October, 1985

to the institution of a civil suit in respect of matters covered under the HUDA Act, 1977. However, this argument of learned counsel for the appellants is noted to be rejected on the short ground that the matter is no longer res integra and stands settled by this Court vide its decision in The Estate Officer, HUDA vs. Parveen Kumar, 2009 (3), SLJ, 1712 following the decision of Hon'ble the Full Bench of this Court in the State of Haryana and others vs. Vinod Kumar, AIR, 1986 (P&H) 406 wherein it was held that even where the statute expressly barred the jurisdiction of the Civil Court, the Civil Court still had the jurisdiction over orders passed by the authorities under the Act if the impugned orders were violative of the principles of natural justice or the same were dehors statutory provisions or were without jurisdiction.
Punjab-Haryana High Court Cites 17 - Cited by 71 - Full Document
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