Vidhi Codex

section 17

Resumption and forfeiture for breach of conditions of transfer

The Haryana Urban Development Authority Act, 1977
Infrastructure1977111 of 112 sections available7 chapters
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Chapter III ACQUISITION AND DISPOSAL OF LAND

Statutory text
  1. (1) Where any transferee makes default in the payment of any consideration money, or any instalment, on account of the sale of any land or building or both under section 15, the Estate Officer may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty, which shall not exceed ten per cent of the amount due from the transferee, be not imposed upon him.
  2. (2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due along with the penalty be paid by the transferee within such period as may be specified in the order.
  3. (3) If the transferee fails to pay the amount due together with the penalty in accordance with the order made under sub-section (1), or commits a breach of any other condition of sale, the Estate Officer may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why an order of resumption of the land or building or both, as the case may be, and forfeiture of the whole or any part of the money, if any, paid in respect thereof which in no case shall exceed ten per cent of the total amount of the consideration money, interest and other dues payable in respect of the sale of the land or building, should not be made.
  4. (4) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section
  5. (3) and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer, may for reasons to be recorded in writing, make an order resuming the land or building or both as the case may be, and directing the forfeiture as provided in sub-section
  6. (3) of the whole or any part of the money paid in respect of such sale.
  7. (5) Any person aggrieved by an order of the Estate Officer under section 16 or under this section may, within a period of thirty days of the date of the communication to him of such order, prefer an appeal to the Chief Administrator in such form and manner as may be prescribed: Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
  8. (6) The Chief Administrator may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such order as he deems fit.
  9. (7) The Chief Administrator may, either on his own motion or on an application received in this behalf, at any time within a period of six months from the date of the order, for the purpose of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit: Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
  10. (8) Any person aggrieved by an order of Chief Administrator under sub-section
  11. (6) may within a period of ninety days of the date of the communication to him of such order, prefer a revision petition to the Secretary to Government, Haryana, Town and Country Planning Department, in such form and manner as may be prescribed: Provided that the Secretary to Government, Haryana, Town and Country Planning Department, may entertain the revision petition after the expiry of the said period of ninety days, if he is satisfied that the petitioner was prevented by sufficient cause from filing the revision petition in time.
  12. (9) The Secretary to Government, Haryana, Town and Country Planning Department, may, after hearing the revision, confirm, vary or reverse the order appealed from and may pass such order as he deems fit: Provided that the Secretary to Government, Haryana, Town and Country Planning Department, shall not pass an order under this section without hearing the parties.

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