Court will grant one more date for HUDA to file reply
it should not take more than a month or so
Section 30 of Land Acquisition Act
Respected Lawyers, Namaste to all of you. My land got acquired in 2017 in Gurgaon, Haryana and my Uncle (Chacha) due to jealousy/enmity filed a case against my compensation. So the collector of HUDA(Haryana Urban Development Authority) deposited the compensation amount in the court under Section 30 and referred it to the court in 2019. I mean to say that the compensation has already been disbursed by HUDA and is deposited in bank FD. There are 3 parties in this case: 1 Petitioner(Myself) and 2 Respondents (Respondent number 1: My uncle (Chacha) , Respondent Number 2: HUDA---- Haryana Urban Development Authority) Now in 2021 my uncle (Chacha) has done compromise with me and withdrawn all the cases .On 26th October 2021 a joint statement was filed in the court by all the parties(1 Petitioner(Myself) and 2 Respondents). Below is the details of the written statements given in the court: Respondent Number 1(My Uncle/Chacha) : I have no right, title ,interest in the disputed amount. Petitioner Number 1 IS THE RECORDED OWNER OF THE LAND AND ALL THE DEPOSITED AMOUNT BELONGS TO HIM. I have withdrawn all the cases. I have NO OBJECTION and All the disputed amount deposited in the court should be given to Petitioner number 1. Respondent Number 2 (HUDA) : The disputed amount was already deposited in the bank/court. Now we have NO OBJECTION in giving that amount to the Petitioner Number 1 Petitioner Number 1 (Myself) : I have read the statements of Respondent number 1 and 2 and agree. I am the recorded owner of the land/amount. The deposited amount should be released in my favour and Respondent number 1 has no right in this amount. EVERYTHING WAS SETTLED TILL HERE. After these statements were filed, I noticed that there was a mistake in my surname in revenue records and I corrected them in the court. The revenue records were having 2 entries and my surname was correct in one entry while there was a spelling mistake in my surname in the second entry.(NANGIA was written in my surname INSTEAD OF Mongia in one entry) Now both the entries are correct and we have submitted the Court order that has corrected the name. So my counsel filed an application for treating Himanish Mongia and Himanish Naniga as one and the same person (along with the Court order that has corrected the name). For past 2 dates below is the status: Reply to the application for treating Himanish Mongia and Himanish Naniga NOT FILED by the respondents. An adjournment is requested. SINCE EVERYTHING IS SORTED NOW AND NO DISPUTE My questions are : 1)Since for past 2 dates HUDA(Respondent number 2) has not filed their reply and there in unnecessary delay. Will this be ex party since last 2 dates HUDA didnt reply?? 2)Since there is no dispute now and respondent number 1 and 2 have already given written statement that the amount should be released in favour of Petitioner number 1---- So how much time should it take to get the money released in my favour by the court.
Asked 11 months ago in Property Law
Religion: Hindu
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10 Answers
Dear client,
The timelines and outcomes of legal proceedings can vary depending on various factors, including the specific court, the complexity of the case, and the actions taken by the parties involved.
In a situation where there is no dispute and all parties have filed joint statements indicating their agreement, it is generally expected that the court will review the statements and issue a judgment or order reflecting the agreement. However, the exact timeline for the release of the compensation amount can vary depending on the court's schedule and workload.
It is recommended that you consult with your legal counsel or the lawyer representing you in the case. They will have a better understanding of the specific details of your case and can provide you with the most accurate advice regarding the expected timeline for the release of the funds and any potential implications of the delay in filing a reply by the respondents.
They will be able to guide you through the legal process and provide you with the necessary information based on their expertise and knowledge of the local laws and procedures.
You can pray for exparte order if other side is constantly absent
- Failure to file a reply within the given time frame does not automatically result in an ex parte decision. An ex parte decision typically occurs when one party is absent or fails to participate in the proceedings. In your case, since the HUDA has not filed a reply, it may indicate a delay or oversight on their part. The court will likely take note of this and may grant additional time or take appropriate action to ensure a fair process. It's important to consult with your lawyer to understand the implications of the HUDA's lack of response and how it may affect the proceedings.The time it takes for the court to release the money in your favor can vary depending on various factors, including the court's workload, administrative procedures, and the efficiency of the legal system. Since both respondent number 1 and 2 have already provided written statements in support of releasing the amount to you, it strengthens your case. However, the actual timeline for the court's decision may depend on the specific circumstances of your case and the processes followed by the court.
Section-30 of land acquisition Act deals with the power of collector to refer the dispute to court if there is dispute regarding proportion of amount of compensation as awarded under section-11 of land acquisition Act.
1. No.
2. The settlement is required to be put on record and a formal final court order too is required to be passed and and a decree be also prepared, thereafter, execution petition be filed in same trial court to recover the decreed amount.
1. If the court has passed orders as finally or last chance for filing their reply/objections/counter to your petition, then the court may pass an exparte order on that last and final chance day. You may have to wait.
2. The court will observe the procedures properly before disbursing the amount or passing an order in order to avoid the settlement of deposit amount to a wrong person.
Respected Lawyers, 1) As specifically stated by me in my question, that THERE IS ABSOLUTELY NO DISPUTE BETWEEN THE PARTIES NOW. The Respondents number 1 and 2 have already filed their statements that THEY HAVE NO OBJECTIONS IN DISBURSING THE DEPOSITED MONEY IN MY FAVOUR. THEY HAVE SPECIFICALLY STATED IN THEIR STATEMENTS THAT THE DISPUTED AMOUNT BELONGS TO ME (PETITIONER NO.1) AND THAT I AM THE RECORDED OWNER SO MONEY SHOULD BE DISBURSED IN MY FAVOUR. I have also given the statement that I have read and understood the statements of Respondent number 1 and Respondent number 2 and the Money should be released in my favour since I am the recorded owner. THERE IS ABSOLUTELY NO DISPUTE OR LITIGATION IN QUESTION NOW IN MY CASE. 2)The only thing that was delaying things was that HUDA has not replied for 2 consecutive dates to the application for treating Himanish Mongia and Himanish Naniga since their was a correction in the name. The Name Correction is also done and we have submitted the court orders confirming the name correction. I AM AGAIN REPEATING THAT THERE IS NO DISPUTE OR LITIGATION IN THE CASE AND ALL JOINT STATEMENTS OF RESPONDENTS NUMBER 1 AND 2 AND PETITIONER ARE ON FILE IN COURT RECORDS NOW. I totally agree and respect the fact that actual timeline for the court's decision may depend on the court's schedule and workload. My question is very very simple:: Question::: Assuming the fact that HUDA files its reply on the next date(5th july) with no objection (since we have submitted the court order of name change) 1) After HUDA files reply, how much time will the Court take to order disputed amount in my favour. I AM NOT ASKING FOR A SPECIFIC TIME FRAME FROM YOU, I AM JUST ASKING A GENERAL TIME FRAME FROM YOU, just an estimated time like 2 months ,4 months , 6 months , 8 months etc considering the facts and the stage of case I explained above ----since there is no dispute or litigation in the case and all joint statements are on file.
Asked 11 months ago
Estimated time can’t be stated but it will take time
It should not take more than a month or so
As Process has already been explained, court has to finally pass final order. If HUDA also favours you then It may take 6 - 12 months minimum time
As per your assumption if the HUDA files their objection or no objection to the amendment petition, the court will post the matter for enquiry on the petition, i.e., arguments by both sides, once the court is convinced about the petition and the documentary evidences supporting the arguments for name change, it may pass an order allowing the petition.
After the petition is allowed, you will be required to file an amendment petition to amend the petition with the fresh details as per name change affidavit and you will be required to carry out other formalities as required by law.
Thus in any event this will consume a period of 6 months or more to get the final disposal.
Even though there is no specific dispute, the court procedures cannot be dispensed or avoided.