Enhansed compensation against huda
ankur3042
(Querist) 20 December 2014
This query is : Resolved
Hi
My father is doctor who got land from huda in 2002 in 3 lakh. Later they inhanced its cost to 12 lakh. We file case in high court. Huda did not pass our building plan yet.
High court once ordered to pay half payment in 2012 and we forget to pay it. Later in 2013 we paid full amount 12 lakhs to huda. Huda said that they want interest also in court. So few weeks back we win CM in high court as they ordered huda to pass building plan as we have paid full amount now.
Now we reach huda personally and they were still not passing the building plan and asking for interest. So my father write the letter to huda asking that we will pay interest in installment if they sanction the plot. All this discussion is on personal level and not yet in court.
So does this personal written letter have any legal complications. ?? Will it harm us. Does huda have authority to disobey cout orders.
What action can huda take againt this orders. Can huda go to supreme court?? What should be our further steps??
Please advice
Isaac Gabriel
(Expert) 20 December 2014
If the court order is not obeyed,file contempt.
ankur3042
(Querist) 20 December 2014
If we file contemp than huda might go to supreme court and I have heard that they can only go to supreme court wihin 3 months of order. So should we wait to file contempt and see what huda reply.
Devajyoti Barman
(Expert) 21 December 2014
Whenever the time given in the order expires you can file contempt petition in high court.
Your decision should not be influenced by the probable future actions of HUDA.
Appeal is a statutory right and they can go for it even if you do not file contempt petition.
ankur3042
(Querist) 21 December 2014
K thanks for info. Last thing I want to know is that we have written one letter(not affedavit) to huda stating that we will pay 21 lakh interest in installment if they pass the building plan. Wil this letter affect our case. Will huda can say thay they will pass plan only after paying the interest as we have given written proof. This is personal letter and nothing in court.
ajay sethi
(Expert) 21 December 2014
you failed to comply with HC order to pay 50?%of amount in 2012 . there is delay on ypour part of one year in paying amount . HUDA is justified in claiming interest for delayed period . it is in your interest to arrive at an amicable settlement with HUDA
ajay sethi
(Expert) 21 December 2014
you have offered to pay interest to HUDA if building plans are passed . better pay 50%of amount claimed as interest at present .
Rajendra K Goyal
(Expert) 21 December 2014
You have not paid the amount as per court orders. You have agreed to pay interest.
HUDA has not agreed to your offer, you have right to proceed in court in such conditions.
However, amicable solution is better if possible.
prabhakar singh
(Expert) 21 December 2014
YES!
YOUR FATHER HAS AGREED IN WRITING TO PAY INTEREST WHICH HE CAN NOT DENY NOW.
ankur3042
(Querist) 21 December 2014
K . That's not good news. Anyway thanks for info.
Dr J C Vashista
(Expert) 23 December 2014
@Ankur3042,
What is this K???
How would you like to address an expert, doing charitable service, as K??????
Elaborate for my knowledge/education, if it not absurd/ stupidity.
ankur3042
(Querist) 23 December 2014
K means okay.sorry to use abrevation if you dont like it. I will take care in future.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
Certain etiquette is to be followed while posting queries here including a control over the language, courteousness will be duly honored.
