Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Legal Status under RERA - The Haryana Sehri Vikas Pradhikaran (HSVP) is involved in various legal proceedings related to land acquisition, development, and dispute resolution. Several cases mention HSVP in contexts such as land possession, compensation, and arbitration, indicating its role as a development authority. However, there is no explicit indication that HSVP is directly governed or regulated under the RERA Act.
M/S ORIENT STEEL AND INDUSTRIES LIMITED Vs UNION OF INDIA AND OTHERS - Punjab and Haryana
,PUSHKAR Vs HARYANA SEHRI VIKAS PRADHIKARAN, PANCHKULA AND OTHERS - Punjab and Haryana
,REKHA RANI Vs HARYANA SEHRI VIKAS PRADHIKARAN AND OTHERS - Punjab and Haryana
, 2023 Supreme(Online)(P&H) 4503, 2024 Supreme(Online)(Chh) 19092, 2024 Supreme(Online)(NGT) 775,JAGAN NATH BATRA Vs STATE OF HARYANA AND ORS - Punjab and Haryana
Authority and Functions - HSVP operates under specific state legislation, notably the Haryana Shehri Vikas Pradhikaran Act, 1977, which governs its functions, land transfer conditions, and development projects. Some clauses restrict land transfer before certain periods, and conditions are imposed on land allotments, indicating its regulatory framework is primarily statutory rather than under RERA. Section 15 of Haryana Shehri Vikas Pradhikaran Act, 1977
RERA Applicability - The references to RERA appear mainly in the context of disputes involving real estate developers and allottee rights, with appeals and orders under the RERA Act. There is no clear evidence that HSVP itself is explicitly subject to RERA regulations; instead, it functions as a government authority under specific state laws. RERA's scope seems to apply to private real estate projects and developers rather than statutory development authorities like HSVP.
Conclusion - Based on the provided sources, Haryana Sehri Vikas Pradhikaran is not explicitly mentioned as being governed by or amenable to the RERA Act. It primarily functions under the Haryana Shehri Vikas Pradhikaran Act, 1977, and related state legislation. While RERA may influence certain disputes involving private developers working within HSVP projects, HSVP itself appears to operate outside the direct regulatory ambit of RERA.
References:- Land acquisition and dispute cases involving HSVP
M/S ORIENT STEEL AND INDUSTRIES LIMITED Vs UNION OF INDIA AND OTHERS - Punjab and Haryana
,PUSHKAR Vs HARYANA SEHRI VIKAS PRADHIKARAN, PANCHKULA AND OTHERS - Punjab and Haryana
- Statutory provisions under Haryana Shehri Vikas Pradhikaran Act, 1977 Section 15 2024 Supreme(Online)(Chh) 19092- RERA-related appeals and orders involving developers and authoritiesKhandelwar_empire@Rediffmail.com
_empire@Rediffmail.com, 2024 Supreme(Online)(NGT) 775,JAGAN NATH BATRA Vs STATE OF HARYANA AND ORS - Punjab and Haryana
In the dynamic landscape of real estate development in India, particularly in Haryana, questions often arise about the regulatory oversight of government-backed entities. One pressing query is: Whether Haryana Sehri Vikas Pradhikaran is Amenable to Rera Act? As homebuyers, developers, and investors navigate the complexities of urban development, understanding the scope of the (RERA) is crucial. This blog post delves into the legal analysis, statutory frameworks, and judicial insights to clarify HSVP's position under RERA.
Note: This article provides general information based on available legal documents and is not a substitute for professional legal advice. Consult a qualified lawyer for specific cases.
(HSVP), formerly known as the (HUDA), is a established under the Act, 19772022 0 Supreme(P&H) 2222. Its primary functions include urban planning, land acquisition, allotment, and infrastructure development. 2023 0 Supreme(P&H) 3022
As highlighted in various judicial proceedings, HSVP operates distinctly from private developers. For instance, The petitioner further claims that the has released the amount of compensation to the Haryana Urban Development Authority (now re-named as HaryanaSehriVikasPradhikaran)
. This underscores its role as a public authority handling land possession and development
.
Key functions governed by its own statute include imposing conditions on land transfers: Reference in this regard is made to Section 15 of the Haryana Shehri VikasPradhikaranAct, 1977 which reads thus:- '15. ... A perusal of the above clauses of Haryana Shehri VikasPradhikaranAct, 1977 reveals that the Authority may impose conditions on the right of the allottee to further transfer the land or building' 2023 0 Supreme(P&H) 3022.
The (RERA) aims to protect homebuyers and regulate the real estate sector by mandating registration of projects and transparency from promoters. It primarily targets promoters involved in the development, sale, or lease of real estate projects, including real estate agents. 2022 0 Supreme(P&H) 2222
However, RERA's applicability hinges on the definition of a '.' Statutory authorities like HSVP, with public functions under separate state laws, are generally distinguished from private promoters. The Act does not explicitly classify such development authorities as promoters unless specified.
HSVP's establishment under a specific state act sets it apart. Haryana Sehri Vikas Pradhikaran (HSVP), also known as (HUDA), was established under the Act, 1977 2022 0 Supreme(P&H) 2222. This framework governs its operations, including land allotments and infrastructure, separate from RERA's private-sector focus.
Legal documents emphasize: Secondly, the Nigam is a creation of statute, namely, the Act, 1977. As per , the authority shall consist of a Chairman, a Vice Chairman, a Chief Administrator and such members not exceeding 12 but not less than 6 2022 0 Supreme(P&H) 1459.
Courts have consistently treated HSVP as a statutory authority, not a RERA . In multiple cases, HSVP appears as a respondent in disputes over land acquisition, possession, and arbitration, but not under RERA jurisdiction. For example:
These proceedings invoke other laws like the , or land acquisition statutes, not RERA
. Furthermore, The possession has also been stated to be taken on the said date and handed over to HUDA now HaryanaSehriVikasPradhikaran (HSVP), the beneficiary department
.
RERA references in sources typically involve private developers, not HSVP directly. v State of Haryana and others ) (hereafter the 'Haryana RERA matters' ), inter alia, upheld the validity of the proviso to 2020 0 Supreme(P&H) 1398, but this pertains to broader RERA challenges, not HSVP's amenability.
For projects predating RERA (before ), statutory authorities like HSVP may fall outside its scope unless explicitly included. The distinction is clear: The legal distinction between government or statutory authorities and private promoters is crucial. Authorities like HSVP, functioning under the Act, are generally not considered promoters within the meaning of RERA 2022 0 Supreme(P&H) 2222.
Employees of HSVP are also not classified as government servants, reinforcing its unique status: The employees serving in (HSVP)/HUDA and , Panchkula, cannot be termed as government servants 2019 0 Supreme(P&H) 1038.
HSVP's involvement in development works, such as internal infrastructure in licensed colonies, is managed under its own protocols: ‘That the Department requested Haryana Shahari Vikas Pradhikaran to give estimate against in the licenced colony. (b) Approximately Rs.22.10 crores would be required... 2019 8 Supreme 623.
In revision filings and sanctions, HSVP operates independently: Chief Administrator, Haryana Shahri Vikas Pradhikaran, (legal Cell) vide email dated , granted sanction for filing the revision...
.
While RERA influences disputes in HSVP-allotted areas (e.g., developer appeals), HSVP itself remains governed by the 1977 Act. No source explicitly subjects HSVP to RERA registration or penalties as a .
.
In summary, (HSVP) is generally not amenable to RERA regulation as a . It operates under its dedicated statutory framework, distinct from private real estate developers. This position may evolve with notifications or judgments, so stakeholders should monitor updates.
For tailored advice on HSVP plots, allotments, or RERA-related matters in Haryana, reach out to a legal expert. Stay informed on real estate laws to safeguard your interests!
#HSVP #RERA #HaryanaRealEstate
The petitioner further claims that the competent authority has released the amount of compensation to the Haryana Urban Development Authority (now re-named as Haryana Sehri Vikas Pradhikaran). ... Urban Development Authority (now re-named as Haryana Sehri Vikas Pradhikaran) in the ownership column of the jamaban....
Petitioner Versus Haryana Sehri Vikas Pradhikaran, Panchkula and others .. Respondents CORAM :HON'BLE MR. ... (ANUPINDER SINGH GREWAL) JUDGE February 24, 2022 sonia gugnani Whether speaking/reasoned : Yes/No Whether ... Sharad Aggarwal, AAG, Haryana, accepts notice on behalf of the respondents. Heard. ... IN THE HIGH COURT OF PUNJAB AND....
Petitioner Versus Estate Officer-II, Haryana Sehri Vikas Pradhikaran, Gurugram Respondent CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present: Mr. ... Whether speaking/ reasoned : Yes / No 2. ... **** AVNEESH JHINGAN, J (Oral): This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') for appointment of an ....
Petitioner Versus Haryana Sehri Vikas Pradhikaran and others ......Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. ... Sandeep S.Mann, Additional Advocate General, Haryana. Mr. P.S. Miglani, Advocate, for respondent No.6. Mr. Raman Sharma, Advocate, for respondent No.7. AJAY TEWARI, J. ... (AJAY TEWARI) JUDGE (RAJESH BHARDWAJ) JUDGE 23.3.2021 sharmila Whether....
iv) That the petitioner is a contractual employee with Haryana Sehri Vikas Pradhikaran, Panchkula and living on rental accommodation alone alongwith her minor child and the respondent-husband, who is working as L/Nk ... Prayer in this petition filed by petitioner-wife is for transfer of the petition filed by respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act,1955 (for ....
The possession has also been stated to be taken on the said date and handed over to HUDA now Haryana Sehri Vikas Pradhikaran (HSVP), the beneficiary department. ... A.G., Haryana, and Mr. Saurabh Mago, AAG, Haryana. G.S.SANDHAWALIA, J. 1. ... , 2013 (in short 'the 2013 Act'). ... SANDHAWALIA) JUDGE 14.02.2023 (HARPREET KAUR JEEWAN) shivani JUDG....
Reference in this regard is made to Section 15 of the Haryana Shehri Vikas Pradhikaran Act, 1977 which reads thus:- "15. ... A perusal of the above clauses of Haryana Shehri Vikas Pradhikaran Act, 1977 reveals that the Authority may impose conditions on the right of the allottee to further transfer the land or building. ... Explanation.- For the pur....
RERA. ... - Khandelwar_empire@Rediffmail.Com ----Appellant Versus Chief Executive Officer Nawa Raipur Atal Nagar Vikas Pradhikaran (Former Naya Raipur Development Authority ) Paryawas Bhavan, North Block, Sector-19, Nava Raipur Atal Nagar, District Raipur, C.G. ... (Email Id- Khandelwal Empire@Rediffmail.Com) …...Appellant versus 1 - Chief Executive Officer Nawa Raipur Atal Nagar Vikas Pradhikaran (Forme....
The unit was again inspected on 01.06.2023 by officers of HSPCB, Haryana Shehri Vikas Pradhikaran and Town & Country Planning Department to verify the facts submitted by the Stakeholders and Compliances. ... The Group Housing Society was inspected by the joint committee comprising of SDM, Faridabad (Representative of District Magistrate, Faridabad) & the then Regional Officer, HSPCB Faridabad (Representative of HSPCB), along with representa....
Haryana Shehri Vikas Pradhikaran and others), CWP No.19787 of 2020 (Surinder Saini vs. Haryana Shehri Vikas Pradhikaran and others), CWP No.19788 of 2020 (Varinder Saini vs. ... Haryana Shehri Vikas Pradhikaran and others), CWP No.19789 of 2020 (Daya Ram vs. Haryana Shehri Vikas #HL_STAR....
Secondly, the Haryana Shehri Vikas Pradhikaran Nigam is a creation of statute, namely, the Haryana Urban Development Authority Act, 1977. As per Section 3(3), the authority shall consist of a Chairman, a Vice Chairman, a Chief Administrator and such members not exceeding 12 but not less than 6.
Chief Administrator, Haryana Shahri Vikas Pradhikaran, (legal Cell) vide email dated 28.11.2019, granted sanction for filing the revision against the order of State Commission dated 04.07.2019 and also directed to engage Sh. It has been stated that the certified copy of the order dated 04.07.2019 was received in the office of Estate Officer on 15.08.2019. Same was sent to the office of Administrator, Haryana Shahri Vikas Pradhikaran, Rohtak vide Letter No.3256 dated 16.08.2019, for h....
v State of Haryana and others ) (hereafter the 'Haryana RERA matters' ), inter alia, upheld the validity of the proviso to Section 43 (5) of the Act. It may be noted that this Court too has in a separate judgment delivered today in CWP No. 38144 of 2018 ( Experion Developers Pvt. Ltd.
“That the Department requested Haryana Shahari Vikas Pradhikaran to give estimate against internal development works in the licenced colony. (b) Approximately Rs.22.10 crores would be required for providing internal water supply, sewerage, storm water drainage and construction of roads (balance work) of Okhla Enclave, Phase-I, Sector 91, Faridabad. So far as the internal development works in the licensed colony, the DTCP in the status report has stated as under:- As per infor....
The petitioners in CWP-19790-2019 are working as Assistant Secretary in Haryana State Agriculture Marketing Board, Panchkula. These institutions cannot be termed as Government Departments. The employees serving in Haryana Shehri Vikas Pradhikaran (HSVP)/HUDA and Haryana State Agriculture Marketing Board, Panchkula, cannot be termed as government servants. The Government servants constitute a distinct class. The conditions of service are governed by their respective rules appl....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
