HUDA ban on GPA transfers challanged, HC serves notices

Chandigarh, July 10 (UNI) The Haryana Urban Development Authority (HUDA) decision to prohibit transfer of property in estates developed by it on a General Power of Attorney (GPA) was challenged today in the Punjab and Haryana High Court.

A division bench of Justices Viney Mittal and H S Bhalla have issued notices, returnable by July 27, to the state Financial Commissioner, Revenue, as also to the Chief Administrator (CA), HUDA in the case.

It has been contended in writ petitions filed separately by Kailash Kher, a resident of Sector 37, Faridabad as also Faridabad Estate Agents Welfare Association (Regd), and New industrial Township (NIT), Faridabad that the June 30 order of the chief administrator HUDA clashed with the provisions of the Registration Act, 1908 along with the Power of Attorney Act, 1882 as well as the provisions of section 15 of the HUDA Act, 1977 and regulations framed there-under pertaining to the disposal of land and buildings, 1978.

It was further argued that the HUDA order was also contrary to the law laid down by the Supreme Court in the case of state of Rajasthan versus Vasant Nahata (2005). The petitioners, while seeking directions to quash the HUDA order, also prayed for directions to the appropriate authorities not to stall the transfer of property in HUDA-controlled estates.

UNI JN VD HS2110