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Published on Fri Oct 14 2016 | Times of India Haryana Urban Development Authority (HUDA) Delhi Gurgaon Kherki Daula Haryana High Court Punjab High Court General Power Of Attorney (GPA) Special Power Of Attorney (SPA) Dwarka Expressway New Palam Vihar Punjab
Despite unfavourable order from Punjab and Haryana high court virtually putting brake on Dwarka Expressway, Haryana Urban Development Authority (HUDA) is confident to overcome the latest legal hurdle and complete the project. The much-delayed high-speed road connecting Gurgaon and Delhi has hit another stumbling block with court staying the allotment of alternative plots to people displaced by the expressway project. One of the oustees challenged Huda's denial of benefits to him on the pretext that his plot had been lying vacant, had moved court.
Preparing to present their view before court on next hearing on November 7, when Huda is hoping to get relief from HC, urban development body claims that alternative plots were allotted to oustees in accordance with the terms and condition of final terms of settlement (FTS) prepared under the supervision of HC.
"The plots were allotted in accordance with FTS, which was reached between oustees and Huda under guidance of HC. FTS has clearly mentioned that oustees with GPA and SPA will also be allotted alternative plots," said Huda administrator Yashpal Yadav adding that draw will stand the scrutiny of court and work on completion of Dwarka Expressway will progress as planned.
Terming the recent HC order as a small hiccup, which they are confident to overcome on next hearing, Yadav said they will bring to the notice of court that FTS, under which GPA and SPA oustees were given alternative plots, was prepared on the direction of HC. "We are quite hopeful that after considering all these fact court will vacate the stay," said Yadav.
The petitioner, Satyendra Singh, claimed he was denied the benefit of Huda's oustees' policy as his plot was lying vacant, while allotment of alternative plots were made to GPA and SPA holders.
"According to rehabilitation policy of state government, which has been accepted by oustees, open plot holders are not eligible for alternative plots. Only people who have constructed houses are given alternative plots," said Yadav.
He said HC in Sandeep Singh vs state case HC had ordered that open plot holder has no right and cannot be given alternative plots. The order was later approved by SC as well. Following state has come up with oustees policy under which 12% of plots of upto 8 marla and 10% of plots size more than 8 marla was reserved for oustees.
"According to oustees policy if there are 100 applications for 10 available plot reserved for oustees, Huda will allot plots through lucky draw. It is not necessary that all oustees will get plot, available plots to be given through lucky draw," said Yadav adding that in the case of Dwarka Expressway they have followed the policy of state government and FTS .
Huda has allotted 269 alternative plots to the expressway project oustees, including general power of attorney (GPA) and special power of attorney (SPA) holders, through lucky draws. The oustees are from New Palam Vihar, Kherki Daula and Chauma village. The authority says it has finished the allotment process. It chose from a pool of 465 applicants.
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