Authority: Uttarakhand High Court, Hon'ble Justice Manoj Kumar Tiwari, J.

Order Date: 22 September 2026

Case Overview

  • Parties: Petitioner Ruchi Sharma vs. State of Uttarakhand and Haridwar Roorkee Development Authority (HRDA) as respondents.
  • Background: On 22 July 2025, HRDA allotted a residential plot under the Ganga View Residential Scheme to the petitioner. Within two months of allotment, the petitioner surrendered the plot. HRDA forfeited the entire registration amount deposited for the plot.
  • Petitioner's Claim: The petitioner applied for a refund of the forfeited registration amount. HRDA rejected the refund request through an order dated 16 March 2026 (Annexure No.7, Page No.6).
  • Petitioner's Relief Sought: (i) Set aside the impugned communication/order dated 16.03.2026; (ii) Direct HRDA to reconsider the claim for cancellation of allotment and refund of the registration amount in accordance with the scheme’s terms and conditions, taking into account the petitioner’s representations dated 19 September 2025 and 24 January 2026; (iii) Alternatively, direct HRDA to determine, by a reasoned order, the petitioner’s entitlement to refund after applying the Scheme Brochure provisions.
  • Legal Provisions Cited:
  • Clause 18.2.1 (Page 34 of writ petition): If property is surrendered after six months and within two years of allotment, 20% of the registration amount is forfeited and the balance is refunded without interest.
  • Clause 15.2.1 (Page 69 of the brochure): If the property is surrendered by the allottee within three months, the entire registration amount is liable to be forfeited.
  • Counsel Arguments:
  • Petitioner's counsel argued that the forfeiture of the entire amount is unsustainable and contrary to Clause 18.2.1, which provides for partial refund.
  • Respondent’s counsel relied on Clause 15.2.1, asserting that the surrender occurred within three months, justifying full forfeiture.
  • HRDA’s Position: Learned counsel for HRDA, Mr. Lalit Miglani, assured that if the petitioner makes a fresh representation for refund, it will be placed before the HRDA Board, which will examine the request as per applicable rules and byelaws.

Final Outcome

  • The writ petition is disposed of with liberty to the petitioner to make a fresh representation within two weeks from the date of the order.
  • The fresh representation, if made, shall be placed before the HRDA Board, which must consider the request and render a decision within three months, adhering to the existing rules, regulations, and byelaws of HRDA.
  • The impugned order dated 16 March 2026 is set aside, and HRDA is directed to reconsider the petitioner’s claim for cancellation of allotment and refund of the registration amount in accordance with the scheme’s terms.

Topics: Plot Allotment Refund, Real Estate Regulation