Amravati Enclave: HC asks Panchkula mayor, DC if builder can mortgage land after conveyance deed - Hindustan Times
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Amravati Enclave: HC asks Panchkula mayor, DC if builder can mortgage land after conveyance deed

By, Chandigarh
Sep 08, 2023 01:02 AM IST

The order was made in plea against the firm by 27 residents of Amravati Enclave, who came to high court in 2018 alleging various deficiencies in the project and registration of cheating case against the mayor and second promoter of the firm, Hargobind Goyal.

The Punjab and Haryana high court has asked the Panchkula mayor Kulbhushan Goyal, who is one of the promoters of Amarnath Investment Private Limited, and the deputy commissioner whether after executing conveyance deeds of plots in Amravati Enclave towards allottees, the firm could have secured loan from a bank on the same piece of land.

The court said that Panchkula DC was told to respond on the issues raised by Amravati Enclave residents and reply should have been filed by the DC rather than “shifting the responsibility” on the tehsildar. (Shutterstock)
The court said that Panchkula DC was told to respond on the issues raised by Amravati Enclave residents and reply should have been filed by the DC rather than “shifting the responsibility” on the tehsildar. (Shutterstock)

The order was made in plea against the firm by 27 residents of Amravati Enclave, who came to high court in 2018 alleging various deficiencies in the project and registration of cheating case against the mayor and second promoter of the firm, Hargobind Goyal.

The licence to develop the project was secured by the developer in 1996 for group housing colonies in Bhagwanpur, Islam Nagar and Chandimandir. Most of the plots were sold between 2004 and 2007. The allegations are of non-maintenance, non-construction of community buildings, non-completion of colony, reduction in community facilities, non-construction of electric substation etc, the plea says.

In 2017, the deputy commissioner was asked to take necessary action. But the builder failed to transfer the title of land to plot-holders, as per the plea.

On the last date of hearing in March, the court had asked the deputy commissioner to submit response as to why mutation of the land was not being done in favour of allottees.

However, the response was filed by a tehsildar despite the court observing that DC’s office has “washed its hands of the responsibility” and that there was non-application of mind by him.

In the response, the tehsildar has stated that the mutation of sale deeds is not being sanctioned as khasra numbers of property have not been mentioned in the respective sale deeds and the same are not provided by the coloniser to the tehsildar concerned in the registration of documents.

The court said that DC was told to respond on the issues raised and reply should have been filed by the DC rather than “shifting the responsibility” on the tehsildar.

It noted that 102.18 acre was subject matter of colony and out of this, 14 bighas, 16 bisaws and 132 bighas and nine biswas has been mortgaged with Punjab and Sind bank by the developer.

There were specific allegations from the petitioners that the developer had taken loan against their plots but the promoters, in their responses to the plea, chose not to respond to the allegations. The affidavit of Hargobind Goyal also does not deal with the issue which has been raised and does not clarify the issue regarding what would be the effect of mortgage on the land against which loan has been taken by the promoters and on which colony has been set up. It also sought to know whether the allottees would be prejudiced in case there is default of the loan and whether the loan could have been taken once conveyance deed had already been executed prior to taking loan by the promoters. “Affidavits be filed in this context also and the matter be clarified by the deputy commissioner,” the court ordered while posting the matter for October 17.

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