Haryana HC on Alternative Plots: What It Means for Buyers in Urban Estate Sectors

What happened?

The Tribune reported that a division bench of Justice Vikas Bahl and Justice Divya Sharma decided a petition by an Army officer who had bought a 14-marla plot in Sector 6, Bahadurgarh. The plot was first allotted in 1972, resumed in 1981, and restored in 1999 after a consumer commission order. It was then transferred to a private buyer, from whom the petitioner purchased it.

According to The Tribune, the same plot had been given to another person under the discretionary quota in March 1996. That allotment was cancelled by the High Court, but the Supreme Court later changed the effective date of that judgment to a point after the allotment. The authorities then told the petitioner his fully paid plot would be taken back, and that he would get an alternative plot in Sector 9/9-A.

The Tribune reported that the bench found the authorities at fault, since they never told the petitioner about the pending litigation. It called the heavy additional charge arbitrary and contrary to law. The report adds that the petitioner agreed to pay Rs 15,80,000 within a two-month window, after which possession of the Sector 9 plot would be handed over.

Which sectors are affected?

• Haryana urban estate plots
• Bahadurgarh Sector 6
• Bahadurgarh Sector 9/9-A
• Allottees in resumption and litigation disputes

Potential impact

The reasoning is likely to help allottees who face a similar demand when a plot is withdrawn because of an older dispute that the authorities failed to disclose. It sets out that the party responsible for the lapse should not push the cost onto the allottee. Whether other cases are decided the same way will depend on their own facts.

The effect on market prices is probably small. The ruling concerns who bears the cost of an administrative failure, not the value of plots. Buyers of resale plots may still face title risk, and this order does not remove the need for careful checks before purchase.