Greenopolis Welfare Association v. Lavender Infraprojects Pvt. Ltd. - A Case of Property Attachment and Ownership Dispute

In a recent decision by the Haryana Real Estate Appellate Tribunal, the case of Greenopolis Welfare Association v. Lavender Infraprojects Pvt. Ltd. (Appeal No. 422 of 2022) was heard and a judgment was delivered on 3rd May 2023. The dispute centered around the ownership and attachment of a hotel plot in Nehru Place, New Delhi. This article provides an in-depth analysis of the case, the arguments presented by the parties involved, and the tribunal's decision.

Case Background:

Greenopolis Welfare Association, located in East Arjun Nagar, Delhi, filed an appeal against M/s Lavender Infraprojects Pvt. Ltd., M/s Orris Infrastructure Pvt. Ltd., and M/s Three C Shelters Pvt. Ltd. The primary issue was the attachment of Hotel Plot No. A-31a, District Centre, Nehru Place, New Delhi. The property had been attached by the Haryana Real Estate Regulatory Authority following a request by M/s 3C Shelters Pvt. Ltd. However, the Adjudicating Officer found that none of the parties could establish the actual ownership of the property.

Order by the Adjudicating Officer:

The learned Adjudicating Officer, in his order dated 25th March 2022, stated that there was no evidence to prove that the hotel plot was owned by M/s 3C Shelters Pvt. Ltd. On the contrary, the conveyance deed indicated that M/s Lavender Infraprojects Pvt. Ltd. held the title to the property. As a result, the Adjudicating Officer concluded that there was no justification for the attachment of the property and ordered its release.

Tribunal's Decision:

The Haryana Real Estate Appellate Tribunal, consisting of Justice Rajan Gupta (Chairman), Shri Inderjeet Mehta (Member, Judicial), and Shri Anil Kumar Gupta (Member, Technical), reviewed the appeal and found no legal infirmity in the order passed by the Adjudicating Officer. They upheld the decision to release the property from attachment, as the parties failed to establish ownership by M/s 3C Shelters Pvt. Ltd. The tribunal clarified that the order dated 3rd October 2019, passed by the Authority, would continue to operate if it had attained finality.

Conclusion:

The case of Greenopolis Welfare Association v. Lavender Infraprojects Pvt. Ltd. revolved around the ownership and attachment of a hotel plot in Nehru Place, New Delhi. The Haryana Real Estate Appellate Tribunal, after careful consideration, upheld the order of the Adjudicating Officer and released the property from attachment. The tribunal emphasized the importance of establishing ownership and concluded that M/s Lavender Infraprojects Pvt. Ltd. had a valid claim over the property. This decision highlights the significance of providing concrete evidence in property ownership disputes and serves as a precedent for future similar cases.

Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No. 422 of 2022 before the Haryana Real Estate Regulatory Authority

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