Court Directs Handover of Plot Possession Within Four Months, Overriding 16-Year Status Quo
In a significant ruling, the Punjab and Haryana High Court has directed the Haryana Shehri Vikas Pradhikaran (HSVP) to handover the vacant possession of plots to the petitioners, overriding a 16-year-old status quo order from a connected case. The decision comes after a series of writ petitions filed by Hemant Kumar Mittal and others seeking the execution of conveyance deeds and possession of plots allotted to them.
The division bench, comprising Justices Suvir Sehgal and Deepak Manchanda, emphasized that continuing the litigation in light of the long-standing status quo serves no useful purpose. The court's directive mandates that the possession of the plots be handed over within four months, contingent upon the absence of any legal impediments.
The court noted that the petitioners had been allocated Plot No. 85 in Sector 80, Urban Estate, Faridabad, and had received communication from the Chief Administrator of HSVP for the immediate handover of possession. Despite the respondents' argument citing the status quo order in the pending CWP-8525-2009, the court rejected the request to defer proceedings, highlighting the delay in resolution as unjust.
This ruling underscores the judiciary's resolve to expedite the resolution of prolonged legal disputes and ensure the rightful claims of individuals are honored without undue delay.
Bottom Line:
Writ of mandamus issued directing the respondents to handover vacant possession of the plot within four months unless there is any legal impediment, despite status quo order in a connected petition pending for over 16 years.
Statutory provision(s): Writ of Mandamus
