Himachal Pradesh High Court
Pawan Wasant Borle vs Union Of India And Others on 25 February, 2026
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
1
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1153 of 2026
Decided on: 25.02.2026
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Pawan Wasant Borle .....Petitioner
Versus
.
Union of India and others .....Respondents
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Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1Yes
For the Petitioner: Mr. N.K. Bhalla, Advocate.
of
For the Respondents: Ms. Sheetal Vyas, CGC, for respondent
No.1.
Mr. Y.P.S.Dhaulta, Additional Advocate
rt General for respondents No. 2 & 3.
Mr. Raman Ravi Verma, Advocate, for
respondent No.4.
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Jyotsna Rewal Dua, Judge
Notice confined to respondents No. 1 to 4 which
is waived by Ms. Sheetal Vyas, learned CGC, Mr. Y.P.S.
Dhaulta, learned Additional Advocate General and Mr.
Raman Ravi Verma, learned Counsel for respondent No.1,
respondents No. 2 & 3 and respondent No.4, respectively.
This writ petition has been filed for grant of
following substantive reliefs:-
(a) To issue writ to the effect that the provision
contained in State Legislation as contained in Section
118(1) and Section 118 (3) (D) of H.P. Tenancy and
Land Reforms Act, 1972 as amended from time to time
shall give way to the provisions as envisaged in
Sections 11, 18, 19 and 40 of Parliamentary Legislation
Real Estate (Regulation and Development) Act, 2016.
(b) To quash the Annexure P-6 and Annexure P-7 and
Annexure P-8 to the extent the operation of recovery1
Whether reporters of print and electronic media may be allowed to see the order? Yes.
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certificate issued under Section 40(1) Annexure P-4
(Colly.) is precluded and hindered.
(c) To recover the total amount, declared as arrear of
land revenue vide Annexure P-5 dated 14.11.2022
alongwith interest @9.3% per annum from the date of
each payment by sale of properties as mentioned in
Annexure P-2 or in alternate by and other mode.
.
(d) To issue mandate with direction to respondent No. 2
& 3 to execute and comply the orders passed by the
respondent No.4 Annexure P-3 and Annexure P-
4(Colly.) in terms of Section 103 of H.P. Land Revenue
Act, 1954.”
After arguing for sometime, learned counsel for
of
the petitioner submitted that he is under instructions to
confine this writ petition only for relief (d) and other prayers
be treated as having been given up. Prayer is accepted. This
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writ petition is accordingly being heard only for considering
relief (d).
In view of writ petition having been confined
only to relief (d), submissions made by learned counsel for
the appearing parties, pleadings and nature of order being
passed hereinafter, notice of this writ petition is not required
to be issued to respondents No. 5 & 6. Matter has
accordingly been heard at this stage with the consent of
learned counsel for the parties.
2. The case set up by the petitioner:-
(i) Respondents No. 5 & 6 represented themselves
as promoters of Community Housing Project by the name of
“Aamoksh @ Kasauli” which was being constructed by them
on land comprised in Khasra Nos. 142/35/2, 143/35/2,
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( 2026:HHC:4182 )125/13/2, 126/13/2 (Old Khasra Nos.) which have since been
assigned new Khasra Nos. i.e. 129/1, 135, 128, 138/1, 146,
129, 136 at Mohal Joul, Tehsil Kasauli, District Solan, H.P.
Respondents No. 5 & 6 had projected themselves to be the
.
owners of the aforesaid land purchased by them in the year
2009 and further that they had all requisite permissions
from the Competent Authorities for developing the project
including all approvals for setting up housing colony from
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the Department of Town & Country Planning, H.P. The
petitioner acted upon the representation of respondents No.
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5 & 6 and booked one housing unit for sale consideration of
₹88,00,000/-. An agreement to sale was executed by
respondents No. 5 & 6 with the petitioner on 26.05.2015.
The petitioner paid ₹78,00,491/- as part consideration to
respondents No. 5 & 6, they however, did not abide by
terms and conditions of the agreement to sell dated
26.05.2015. Possession of the housing unit in question was
however not delivered to the petitioner.
ii) Feeling aggrieved, the petitioner invoked Real
Estate (Regulation and Development) Act, 2016. The
complaint filed by the petitioner was contested by
respondents No. 5 & 6. The Himachal Pradesh Real Estate
Regulatory Authority (RERA) allowed the complaint on
26.02.2021 as under:-
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i. The Complaints are allowed and the Respondent
Promoters are directed to return/refund the amount to
the Complainants as under:-
a. Ms. Ashima Sharma- Rs. Twelve lakhs, seventy six
thousand, six hundred and forty five (Rs.12,76, 645/-)
b. Shri Pawan Wasant Borle- Rs. Seventy eight lakhs,
four hundred and ninety one (Rs.78,00,491/-).
c. Shri Saket Lakhotia- Rs. Sixty six lakhs, eleven
thousand, nine hundred and eighty six (Rs. 66,11,986/-)
d. Shri Sandeep Ahuja & Smt. Vinita Ahuja- Rs. Twenty
four lakhs, twenty thousand, four hundred and thirty
seven (Rs. 24,20, 437/-)e. Shri Deepak Kumar Puggal & Smt. Davinder Puggal-
Rs. Eighty two lakhs (Rs.82,00,000/-).
of
In all these cases of refund, an interest at the SBI
highest marginal cost of lending rate plus 2% as
prescribed under Rule 15 of the Himachal Pradesh Real
Estate (Regulation & Development) Rules, 2017 will be
payable. The present highest MCLR of SBI is 7.3%.
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Hence the rate of interest would be 7.3% + 2% i.e.
9.3%. It is clarified that simple rate of interest shall bepayable from the dates on which different payments
were made by the Complainants to the respondent
promoters.
ii. The refund along with interest is to be paid by the
respondent promoters jointly and severally to the
Complainants within four months from the date of this
order.
iii. Non-compliance or any delay in compliance of the
above directions shall further attract penalty and
interest on the ordered amount of refund under Section
63 and Section 38 of the Act ibid, apart from any other
action the Authority may take under Section 40 or other
relevant provisions of the Act.
iv. The District Collector, Solan is directed to attach the
land and property of the present project by making the
necessary entries in the revenue record, till the
Complainants (home buyers) get refund of the amount
paid alongwith interest, as directed in this order.
The order passed by RERA was not agitated by
respondents No. 5 & 6. It has attained finality.
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iii) Respondents No. 5 & 6 did not comply with the
aforesaid order.
Petitioner preferred execution petition before
RERA/ respondent No.4. The authority issued recovery
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certificate in favour of petitioner on 17.10.2022 (Annexure
P-4) for a sum of ₹1,21,61,450/-. The District Collector,
Solan- respondent No.3 vide demand order dated
14.11.2022 (Annexure P-5) declared an amount of
of
₹1,21,61,450/- alongwith interest @9.3% per annum
recoverable as land revenue in terms of Section 103 of H.P.
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Land Revenue Act, 1954 from respondents No. 5 & 6. The
order were transmitted for recovery of amount in
petitioner’s favour to the office of Tehsildar (Recovery),
Solan. The Tehsildar (Recovery), Solan initiated the
recovery proceedings and passed zimini orders on few dates
i.e. 17.04.2023, 08.05.2023, 31.05.2023 and 15.09.2023
(Annexure P-6). The last order so passed reads as follows:-
“15.09.2023
Case called. Process to attach property was already
initiated with respect to which in the case of State of
H.P Vs Data Ram and Ors. Land in question stands
vested in State government.
Sd.
st
Assistant Collector 1 Grade
Solan, District Solan (H.P),
Announced.”
(iv). Petitioner’s grievance is that recovery
proceedings are not being taken to their logical conclusion
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by the Tehsildar (Recovery), Solan – Assistant Collector 1 st
Grade, Solan. That the proceedings are stopped w.e.f.
15.09.2023 onwards.
3. Learned counsel for the petitioner submits
.
that recovery proceedings are not being held by the
Tehsildar (Recovery) ever since 15.09.2023 for the reason
that proceeding under Section 118 of H.P. Tenancy & Land
Reforms Act, 1972 qua the land in question was initiated by
of
the Revenue Authorities against respondents No. 5 & 6
during the year 2016. The final order (Annexure P-7)
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effective as on date was passed by the District Collector,
Solan on 05.01.2023 ordering vestment of land in question
in favour of State government. This order has been affirmed
by the Divisional Commissioner, Shimla on 29.11.2024
(Annexure P-8). From the record, this assertion appears to
be factually correct.
4. Consideration.
Merely on the ground that land with respect to
which the petitioner had claimed redressal of his grievance
before RERA has now been ordered to be vested in the State
Government, the recovery proceedings for implementing the
final order passed by RERA whereby the petitioner has been
held entitled to monetary compensation from respondents
No. 5 & 6, cannot be put on hold/stopped. Section 40 of
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RERA provides for recovery of interest or penalty or
compensation and enforcement of order as under:-
“40. Recovery of interest or penalty or
compensation and enforcement of order, etc..
“(1) If a promoter or an allottee or a real estate agent,
as the case may be, fails to pay any interest or penalty
or compensation imposed on him, by the adjudicating
officer or the Regulatory Authority or the Appellate
Authority, as the case may be, under this Act or therules and regulations made thereunder, it shall be
recoverable from such promoter or allottee or real
estate agent, in such manner as may be prescribed asof
an arrears of land revenue.
(2) If any adjudicating officer or the Regulatory
Authority or the Appellate Tribunal, as the case may be,
issues any order or directs any person to do any act, or
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refrain from doing any act, which it is empowered to do
under this Act or the rules or regulations made
thereunder, then in case of failure by any person tocomply with such order or direction, the same shall be
enforced, in such manner as may be prescribed.”
RERA accepted petitioner’s complaint against
respondents No. 5 & 6 on 26.02.2021. Monetary
compensation was ordered to be paid to him. The order has
become final. As respondents No. 5 & 6 had not discharged
their obligations towards petitioner under the order dated
26.02.2021, the RERA issued Revenue Recovery Certificate
in petitioner’s favour on 17.10.2022. The certificate for an
amount of ₹1,21,61,450/- was issued in exercise of power
under sub-Section 40(1) of RERA read with Rule 22 of H.P.
Real Estate (Regulation and Development) Rules 2020
alongwith Himachal Pradesh Real Estate Regulatory
Authority (Adjudication of Execution Petition) Regulation No.
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3 of 2020. Accordingly, the District Collector, Solan issued
Demand Order in favour of petitioner & against respondents
No. 5 & 6 on 14.11.2022 & transmitted the order for
execution & compliance to the Tehsildar (Recovery), Solan
.
under Section 103 of H.P. Land Revenue Act.
Section 103 of the Himachal Pradesh Land
Revenue Act, 1954 provides for recovery of other sums
recoverable as arrears of land revenue as under:-
of
103. Other sums recoverable as arrears of land
revenue.- In addition to any sums recoverable as
arrears of land revenue under this Act or any other
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enactment for the time being in force, the following
sums may be so recovered, namely:-
(a) fees, fines, costs and other charges, including the
village officers cess payable under this Act;
(b) revenue due to the Government on account of
pasture or other natural products of lands, or onaccount of mills, fisheries or natural products of water,
or on account of other rights described in section 42 or
section 43 in cases in which the revenue so due has notbeen included in the assessment of an estate;
(c) fees payable to local bodies including the
Panchayats formed under the Himachal Pradesh
Panchayati Raj Act, 1968 (19 of 1970) for the use of or
benefits derived from the following works:-
(i) the constructions and repair of embankments and
the supply, storage and control of water for agricultural
purposes;
(ii) the preservation and reclamation of soil, and the
drainage and reclamation of swamps;
(d) sums leviable by or under the authority of the State
Government as water-rates, or on account of the
maintenance or management of embankments and
other irrigation works, not being sums recoverable as
arrears of land revenue under any enactment for the
time being in force;
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(e) sums payable to the State Government on account
of rent and other dues in respect of land; and
(f) sums payable to the State Government by a person
who is surety for the payment of any of the foregoing
sums or of any other sum recoverable as an arrear of
land revenue.
.
Collection of land revenue has been provided
under Chapter VI of the H.P. Land Revenue Act, 1954 more
specifically Sections 74 to 84. Section 74 of the Act provides
for recovery of arrears of land revenue as under:-
of
“74. Process for recovery of arrears:- Subject to
other provisions of this Act, an arrear of land-revenue
may be recovered by any one or more of the following
processes, namely:-
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“(a) by service of a writ of demand on the defaulter;
(b) by arrest and detention of his person;
(c) by distress and sale of his movable property and
uncut or ungathered crops;
(d) by transfer of the holding in respect of which the
arrear is due;
(e) by attachment of estate or holding in respect of
which the arrear is due;
(f) by annulment of the assessment of that estate or
holding;
(g) by sale of that estate or holding;
(h) by proceedings against other immovable property of
the defaulter.”
Elaborate provisions exist in the H.P. Land
Revenue Act for recovering arrears of land revenue under
subsequent sections as under:-
“75. Writ of demand.- A writ of demand may be
issued by a Revenue Officer on or after the day
following that on which an arrear of land revenue
accrues.
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75-A. Arrest and detention of defaulter.- (1) At any
time after an arrear of land revenue has accrued a
Revenue officer may issue a warrant directing an officer
named therein to arrest the defaulter and bring him
before the Revenue officer.
(2) When the defaulter is brought before the Revenue
officer, the Revenue officer may cause him to be taken.
before the Collector, or may keep him under personal
restraint or in the revenue lock up for a period not
exceeding ten days and then, if the arrear is still
unpaid, cause him to be taken before the Collector.
(3) When the defaulter is brought before the Collector,
the Collector may issue an order to the officer-in-charge
of the civil jail of the district, directing him to confine
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the defaulter in the jail for such period, not exceeding
one month from the date of the order, as the Collector
thinks fit.
(4)The process of arrest and detention shall not be
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executed against a defaulter who is a female, a minor,
a lunatic or an idiot.
76. Distress and sale of movable property and
crops.- (1) At any time after an arrear of land revenue
has accrued, the movable property and uncut or
ungathered crops of the defaulter may be distrained
and sold by order of a Revenue Officer.
(2) The distress and sale shall be conducted as nearly
as may be, in accordance with the law for the time
being in force for the attachment and sale of movable
property under the decree of Revenue Court constituted
under the law for time being in force:
Provided that, in addition to the particulars exempted
by that law from liability to sale, so much of theproduce of the land of the defaulter as the Collector
thinks necessary for seed grain and for the subsistence,
until the harvest next following, of the defaulter and his
family, and of any cattle exempted by that law, shall be
exempted from sale under this section.
77. Transfer of holding.- (1) At any time after an
arrear of land revenue has accrued on a holding, the
Collector may transfer the holding to any person being
a land owner of the estate in which this holding is
situate and not being a defaulter in respect of his own
holding, on condition of his paying the arrear before
being put in possession of the holding, and on such
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further conditions as the Collector may see fit to
prescribe.
(2) The transfer may, as the Collector thinks fit, be
either till the end of the agricultural year in which the
defaulter pays to the transferee the amount of the
arrear which the transferee paid before being put in
possession of the holding, or for a term not exceeding
.
fifteen years from the commencement of the
agricultural year next following the date of the transfer.
(3) The Collector shall report to the Financial
Commissioner any transfer made by him under this
section, and the Financial Commissioner may set aside
the transfer or alter the conditions thereof or pass such
other order as he thinks fit.
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(4) A transfer under this section shall not affect the joint
and several liability of the land owners of the estate in
which it is enforced.
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(5) In respect of all rights and liabilities arising under
this Act, the person to whom the holding is transferred
shall, subject to the conditions of the transfer, stand in
the same position as that in which the defaulter would
have stood if the holding had not been transferred.
(6) When the transfer was for a term, the holding shall,
on the expiration of the term, be restored by the
Collector to the defaulter free of any claim on the part
of the State Government or the transferee for any
arrear of land revenue or rates and cesses due in
respect thereof.
78. Attachment of estate or holding.- (1) At any
time after an arrear of land revenue has accrued the
Collector may cause the estate or holding in respect of
which the arrear is due to be attached and taken under
his own management or that of an agent appointed by
him for the purpose or that of a Gram Panchayat.
(2) The Collector or the agent or Gram Panchayat shall
be bound by all the engagements which existed
between the defaulter and his tenancy, if any, and shall
be entitled to manage the land and to receive all rents
and profits accruing therefrom to the exclusion of the
defaulter until the arrear has been satisfied, or until the
Collector restores the land to the defaulter.
(3) All surplus profits of the land attached beyond the
cost of attachment and management and the amount
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necessary to meet the current demand for land revenue
and rates and cesses shall be applied in discharge of
the arrear.
(4) Land shall not be attached for the same arrear for
the longer term than five years from the
commencement of the agricultural year next following
the date of the attachment, but, if the arrear is sooner
.
discharged, the land shall be released and the surplus
receipts, if any, made over to the land-owner.
79. Annulment of assessment of estate or
holding.- (1) When an arrear of land revenue has been
due for a longer period than one month, and the
foregoing processes are not deemed sufficient for the
recovery thereof, the Financial Commissioner may, in
of
addition to or instead of all or any of those processes,
order the existing assessment of the estate or holding
in respect of which the arrear is due to be annulled.
(2) The provision of this section shall not be put in force
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for the recovery of an arrear of land revenue which has
accrued on land:-
(a) while under attachment under the last foregoing
section; or
(b) while under the charge of the Court of Wards.
(3) When the assessment of any land has been
annulled, the Collector may, with the previous sanction
of the Financial Commissioner, either manage the landhimself or through an agent, or let it in farm to any
person willing to accept the farm, for such term and onsuch conditions as may be sanctioned by the Financial
Commissioner:
Provided that the term for which land may be so
managed or farmed shall not be longer than fifteen
years from the commencement of the agricultural year
next following the date of annulment.
(4) At some time before the expiration of that term the
Collector shall determine the assessment to be paid in
respect of the estate or holding for the remainder of the
term of the current assessment of the district or tehsil,
and, when that assessment has been sanctioned by the
Financial Commissioner, shall announce it to the land
owner.
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to him.
(6) If notice is so given, the Collector may, with the
previous sanction of the Financial Commissioner, take
the estate or holding under direct management or farm
it for the remainder of the term of the current
assessment of the district or tehsil, or for any period.
within that term which the Financial Commissioner may
fix.
(7) When the assessment of holding is annulled, the
joint responsibility of other land-owners of the estate for
the land revenue of that holding becoming due after the
annulment shall be in abeyance until a new assessment
takes effect.
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(8) The Financial Commissioner may direct that any
contract made by the defaulter, or by any person
through whom the defaulter claims, with respect to any
land comprised in an estate or holding of which the
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assessment has been annulled, shall not be binding on
the Collector or his agent or farmer during the period
for which the estate or holding remains under the
management of the Collector or his agent or is let in
farm.
80. Proclamation of attachment or annulment of
assessment and consequence of the
proclamation.- (1) When any land is attached under
section 78, or when the assessment of any land has
been annulled under the last foregoing section, the
Collector shall maintain proclamation thereof.
(2)The surplus shall not, except under an order of a
Court, be making of the proclamation on account of rent
or any other asset in anticipation of the usual time for
the payment shall, without the special sanction of the
Collector,be credited to that person or relieve him from
liability to make the payment to the Collector or his
agent or farmer.
(3) No payment made after the making of the
proclamation on account rent or any other asset of the
estate or holding to any person other than the Collector
or his agent or farmer shall be credited to the person
making the payment or relieve him from liability to
make the payment to the Collector or his agent or
farmer.
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81. Sale of estate or holding.- When an arrear or
land revenue has accrued and the foregoing processes
are not deemed sufficient for the recovery thereof, the
Collector, with the previous sanction of the
Commissioner, may, in addition to, or instead of, all or
any of those processes, and subject to the provisions
hereinafter contained, sell the estate or holding in
.
respect of which the arrear is due:
Provided that land shall not be sold for the recovery
of :-
(a) any arrear which has accrued while the land was
under the charge of the Court of Wards, or was so
circumstanced that the Court of wards might have
exercised jurisdiction over it under the law in force:
of
(b) any arrear which has accrued while the land was
under attachment under section 78 of this Act; or
(c) any arrear which has accrued while the land was
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held under direct management by the Collector or in
farm by any other person, under section 79, after either
an annulment of assessment or a refusal to be liabletherefor.
82. Effects of sale on encumbrances.- (1) Land sold
under the last foregoing section shall be sold free of all
encumbrances, and all grants and contracts previously
made by any person other than the purchaser in
respect of the land shall become void as against the
purchaser at the sale.
(2) Nothing in sub-section (1) shall affect:-
(a) a tenant’s right of occupancy, unless the right was
created by the defaulter himself; or
(b) any lease at a fair rent, temporary or perpetual, for
the erection of a dwelling house or manufactory, or for
a mine, garden, tank, canal, place of worship, or burial
ground, so long as the land continues to be used for the
purposes specified in the lease; or
(c) any encumbrance, grant, contract or right of
occupancy specially saved by order of the Financial
Commissioner and proclaimed as hereinafter provided.
83. Proceedings against other immovable
property of defaulter.- (1) If the arrear cannot be
recovered by any of the processes hereinafter provided,
or if the Commissioner considers the enforcement of
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any of those processes to be inexpedient, the Collector
may, where the defaulter owns any other estate or
holding or any other immovable property, proceed
under the provisions of this Act against that property as
if it were the land in respect of which the arrear is due:
Provided that no interests save those of the defaulter
alone shall be so proceeded against, and no.
encumbrances created, grants made or contracts
entered into by him in good faith shall be rendered
invalid by reason only of his interests being proceeded
against.
(2) When the Collector determines to proceed under
this section against immovable property other than the
land in respect of which the arrear is due, he shall issueof
a proclamation prohibiting the transfer or charging of
the property.
(3) The Collector may at any time by order in writing
withdraw the proclamation, and it shall be deemed to
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be withdrawn when either the arrear has been paid or
the interests of the defaulter in the property have beensold for the recovery of the arrear.
(4) Any private alienation of the property, or of any
interest of the defaulter therein, whether by sale, gift,
mortgage or otherwise, made after the issue of theproclamation and before the withdrawal thereof shall be
void.
(5) In proceeding against property under this section
the Collector shall follow, as nearly as the nature of the
property will admit, the procedure prescribed for theenforcement of process against land on which an arrear
of land revenue is due.”
Finality of the order passed by RERA on
26.02.2021 is a matter of record, whereby petitioner has
been held entitled to specific monetary compensation. The
recovery certificate has also been issued in his favour for
payment of monetary compensation to him by respondents
No. 5 & 6 as arrears of land revenue.
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In the given facts and circumstances, not
proceeding further with the recovery proceedings only on
the ground of property with respect to which the dispute
was adjudicated by the RERA had vested in the State
.
government, is not justified and is not in consonance with
law. Adequate safeguards are available in RERA & H.P. Land
Revenue Act for protecting the rights of the petitioner for
recovery of monetary compensation from respondents No. 5
of
& 6, for enforcement of order passed by RERA under the
provisions of H.P. Land Revenue Act. The action of Tehsildar
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(Recovery), Solan in not proceeding with the recovery
proceedings for the last more than two years, therefore,
cannot be countenanced. Where statute prescribes explicit
procedure for the recovery of arrears, such procedure must
be scrupulously adhered to in its entirety. No deviation is
permissible. The vesting of the subject land in the State
pursuant to a separate order does not defeat or render the
recovery order nugatory. The Act itself provides alternative
mechanism for execution. The order is to be executed in its
earnest. The statutory alternatives-such as by service of a
writ of demand on the defaulter or by arrest & detention of
his person or by distress and sale of his movable property or
by proceedings against other immovable property of the
defaulter etc. ensure the order’s enforceability despite
changes in the debtor’s asset profile. To hold otherwise
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17
( 2026:HHC:4182 )
would undermine the legislative intent and frustrate the
creditor’s right. Thus, the recovery proceedings shall
proceed forthwith in accordance with the prescribed modes.
Accordingly, this writ petition is disposed of with direction to
.
respondents No.3- The District Collector, Solan to ensure
that recovery proceedings initiated by the Competent
Authority pursuant to the orders dated 26.02.2021 passed
by RERA (Annexure P-3), recovery certificate issued by RERA
of
dated 17.10.2022 (Annexure P-4) and the Demand Order
issued by respondent No.3 on 14.11.2022 (Annexure P-5)
rt
are taken to their logical conclusion expeditiously in
accordance with law. Pending miscellaneous application(s),
if any, shall also stand disposed of.
Jyotsna Rewal Dua
February 25, 2026 Judge
yogesh
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