Property disputes in and around Panchkula fall into three broad groups: private disputes between owners, buyers, co-sharers and tenants, which go to the civil courts; matters between an allottee and the Haryana Shehri Vikas Pradhikaran (HSVP), which go through the authority's own appeal hierarchy and then the High Court; and disputes between homebuyers and builders, which go to the Haryana Real Estate Regulatory Authority (HRERA). The firm's advocates act as a property lawyer in Panchkula across all three, and appear before the Punjab & Haryana High Court at Chandigarh, the District Courts at Sector 1, Panchkula, HRERA, Panchkula and the consumer commissions.
Civil property disputes: the property dispute lawyer's field
Most private property disputes are decided in a civil suit before the Civil Judge or the District Judge, depending on valuation. The usual causes of action are these.
- Declaration of title and possession. A suit for declaration, with consequential relief of possession, under the Specific Relief Act, 1963.
- Partition. Between co-owners or legal heirs, with shares determined under the applicable personal law.
- Injunctions. Temporary injunctions under Order 39 of the Code of Civil Procedure, 1908, to prevent dispossession, construction or alienation while the suit is pending, and permanent injunctions at the end of it.
- Specific performance of agreements to sell. Since the 2018 amendment to the Specific Relief Act, specific performance is a general rule, subject to the buyer having been ready and willing to perform.
- Documents and title chain. Disputes over sale deeds, wills, gift deeds and mutation entries. In Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana (2011), the Supreme Court held that sales through a general power of attorney or agreement to sell do not transfer title, which is why a registered conveyance matters.
Tenant eviction
Eviction of tenants from urban premises in Panchkula is governed by the Haryana Urban (Control of Rent and Eviction) Act, 1973, under which a petition is filed before the Rent Controller on the grounds the Act lists, such as non-payment of rent, subletting, personal necessity or change of use. An appeal lies to the Appellate Authority, and a revision to the High Court. For premises in Chandigarh, the rent law applicable is the East Punjab Urban Rent Restriction Act, 1949, as extended to the Union Territory, which has its own grounds and procedure. Which statute applies depends on the location and character of the premises, and that is checked first.
HSVP matters (formerly HUDA)
The Haryana Urban Development Authority was renamed Haryana Shehri Vikas Pradhikaran, and the plots, shops and booths it developed in Panchkula and other sectors are still allotted, held and transferred under the Haryana Urban Development Authority Act, 1977 and the regulations and policies made under it. An HSVP lawyer is usually consulted on the following.
- Allotment. Eligibility, price, payment schedule, offer of possession and cancellation of allotment.
- Resumption and re-entry. Where an allottee defaults in paying instalments or breaches conditions, the estate office may issue a show-cause notice and an order of resumption. This is what people usually mean by HUDA plot resumption. Service of notice, proof of default and conformity with the allotment terms are the usual points of challenge.
- Restoration. Applications to restore a resumed plot on payment of dues, under the authority's restoration policy as in force at the time.
- Enhancement of price and compensation. Demands for an enhanced price after allotment, usually linked to enhanced land acquisition compensation, are a recurring subject of dispute. Enhancement compensation matters require a review of the allotment letter, the amount demanded and its basis.
- Non-construction and extension fee. Where a building is not constructed within the period fixed, the authority levies an extension fee. Disputes arise about computation and the period for which it is demanded.
- Transfer and conveyance. Transfer permissions, conveyance deeds, change of name on succession, and clearance of dues before transfer.
Orders of the estate office can ordinarily be challenged in appeal to the Chief Administrator and then to the Administrator, followed by revision where the statute provides for it. Where the authority has acted without jurisdiction or in breach of natural justice, or where the appeal route is exhausted or ineffective, a writ petition under Article 226 of the Constitution lies before the Punjab & Haryana High Court.
Disputes under agreements with an arbitration clause may also be taken up as arbitration matters.
HRERA Panchkula complaints
The Real Estate (Regulation and Development) Act, 2016 (RERA) regulates registered projects and promoters. In Haryana the regulator is HRERA. The Panchkula bench hears matters for the districts assigned to it, while projects in Gurugram and neighbouring areas fall to the Gurugram authority, so territorial jurisdiction is confirmed first.
- Complaint under Section 31. An allottee may file a complaint with the Authority for a violation of the Act, rules or regulations by a promoter.
- Delay, refund and interest under Section 18. If a promoter fails to give possession by the date in the agreement, the allottee may withdraw and claim a refund with interest, or stay in the project and claim interest for every month of delay. In Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021), the Supreme Court held that the refund right under Section 18 is not dependent on contingencies beyond the promoter's control.
- Compensation. Compensation under Sections 12, 14, 18 and 19 is decided by the Adjudicating Officer under Section 71, not by the Authority itself.
- Appeal. An aggrieved person may appeal to the Haryana Real Estate Appellate Tribunal under Section 44, generally within 60 days. A promoter's appeal is subject to the pre-deposit required by the proviso to Section 43(5).
An HRERA Panchkula complaint is a pleading with the allotment letter, agreement, receipts and correspondence annexed.
Consumer commissions as an alternative
A homebuyer is not confined to HRERA. In Imperia Structures Ltd. v. Anil Patni (2020), the Supreme Court held that remedies under the Consumer Protection Act and RERA can co-exist, so a buyer may approach the District or State Consumer Disputes Redressal Commission instead, depending on the value of the consideration.
Where the firm appears
The firm's advocates appear before the High Court; in civil suits at the District Courts, Sector 1, Panchkula, and the District Courts, Sector 43, Chandigarh; and before the Rent Controller, HSVP offices, HRERA, Panchkula and its Appellate Tribunal. Matters also arise from Zirakpur, Mohali, Pinjore and Kalka. See also the Chandigarh lawyer page.
Frequently asked questions
Is HSVP the same as HUDA?
HSVP is the successor name of the Haryana Urban Development Authority. The statute, the Haryana Urban Development Authority Act, 1977, and the existing allotments continue, and older documents may still carry the HUDA name.
What can be done if an HSVP plot has been resumed?
The order of resumption can be examined for service of notice, the alleged default and compliance with the allotment terms. Remedies include an appeal within the authority's hierarchy, an application for restoration under the policy then in force, and, in suitable cases, a writ petition before the High Court. The time limits depend on the provision used.
Where is a complaint against a builder for delayed possession filed?
A complaint under Section 31 of RERA is filed with HRERA that has jurisdiction over the project; for projects covered by the Panchkula bench, that is HRERA, Panchkula. Compensation is decided by the Adjudicating Officer. A homebuyer may alternatively approach a consumer commission.
What is the time limit for appealing an HRERA order?
Section 44 of RERA provides for an appeal to the Haryana Real Estate Appellate Tribunal within 60 days of receiving the order, with limited power to condone delay. A promoter must also make the pre-deposit the Act requires.
The office address and telephone numbers are on the contact page.
This page is general information, not legal advice. Laws and procedures change; the position in your matter depends on its facts.