(1) On receipt of the appeal and after receipt of the report from the competent authority, which shall be sent by the competent authority as expeditiously as possible, the appellate authority shall fix a date and time for hearing the appeal and give intimation in writing of such hearing to the appellant and the competent authority.
(2) The appellant may, on the appointed date or on subsequent hearing appear either in person or through a representative duly authorised by him in writing in this behalf.
(3) The competent authority or his representative may likewise attend the hearing of the appeal.
(4) The appellate authority shall have power to elicit further information from the appellant and the respondent to facilitate the disposal of the appeal.
(5) The findings of the appellate authority shall be in writing and be communicated to the appellant.
A copy of it shall be sent to the competent authority.
Form "A" (See Rule 41) Whereas, the Housing Board, Haryana, has formulated a housing scheme known as______ And Whereas, land bearing No. ________ covered by the said scheme will, in the opinion of the Board, increase in value;
And Whereas betterment charges are leviable in respect of such land as per the provisions of the Haryana Housing Board Act, 1971, notice is hereby given to Shri/Shrimati _______________ owner/person having interest in the land, that betterment charges are proposed to be assessed 5 / 10 and levied, and that he/she may make a representation in writing within a period of thirty days from the date of receipt of this notice either in person or through his/her legal adviser against the proposed assessment and levy.
Form "B" [See Rule 7(A)] To Shri/Shrimati/Kumari ____ son/wife/daughter of __ residing at ___ of __ District.
Whereas I, the undersigned, am satisfied that - *(i) you have not paid rent lawfully due from you for more than two months commencing from ________ in respect of the premises described in the Schedule appended hereto;
*(ii) your have sublet, without the permission of the Board, the whole or part of the premises described in the Schedule appended hereto;
*(iii) you have _______ and thereby have acted in contravention of the terms under which you were authorised to occupy and use the premises described in the Schedule appended hereto;
*(iv) you are in unauthorised occupation of the premises described in the Schedule appended hereto;
And Whereas in exercise of the powers conferred on me by sub-section (1) of section 51 of the Haryana Housing Board Act, 1971, I propose to order you (as well as ___________ who is/are in occupation of the whole/a part of the said premises) to vacate the said premises within one month from _____19_________, on the grounds as aforesaid (hereinafter referred to as the proposed order).
Now, Therefore, as required by the provisions of the proviso to sub-section (1) of section 51, I call upon you to tender an explanation and produce evidence, if any, and show cause within fourteen days from the date of the service of this notice why the proposed order should not be made.
Schedule Full particulars of the premises Signatures of the Competent Authority.
6 / 10 Date ___________ * Any of the alternative which is relevant to be specified Form "C" [See rule 7] To Shri/Shrimati/Kumari _________ son/wife/daughter of _____ residing at _______ of _______ District.
Whereas, I, the undersigned, am satisfied - *(i) that you have not paid rents lawfully due from you for more than two months in respect of the premises described in the Schedule appended hereto;
*(ii) that you have sublet without the permission of the Board, the whole or part of the premises described in the Schedule appended hereto;
*(iii) that you have* _______________ and thereby have acted in contravention of the term under which you were authorised to occupy and use the premises described in the Schedule appended hereto;
**(iv) you are in unauthorised occupation of the premises described in the Schedule appended hereto;
Now, Therefore, in exercise of the powers conferred on me by sub-section (1) of section 51 of the Haryana Housing Board Act, 1971, I hereby order you_______ (As well as _____________ who is/are in occupation of the whole/a part of the said premises) to vacate the said premises within one month of the date of the service of this notice, failing which you may be evicted forcibly, unless you pay to the Board the rent in arrears or carry out or otherwise comply with, to my satisfaction, the terms contravened by you.
Schedule Full particulars of the premises Signatures of the Competent Authority.
7 / 10 Date ___________ * Any of the alternative which is relevant to be specified ** Omit if not applicable Form "D" [See rule 7(c)] To Shri/Shrimati/Kumari _________ residing at ___________ of ______ District.
Whereas you are in occupation of premises described in the Schedule hereto appended;
And Whereas a sum of Rs.______ being the arrears of rent from ____ date of _____ 199 _____ in respect of the said premises is due and payable by you to the Board;
Now, therefore, in exercise of the powers conferred on me by sub-section (1) of section 52 of the Haryana Housing Board Act, 1971, I hereby order you to pay the said sum within a period of thirty days from the date of service of this notice falling which the said sum will be recovered as arrears of land revenue.
Schedule Signatures of the Competent Authority.
Date ___________ Form "E" [See rule 7(d)] To Shri/Shrimati/Kumari __________ residing at _________ of _____ District.
Whereas you are in unauthorised occupation of the Board premises described in the Schedule appended hereto;
And Whereas in exercise the powers conferred upon me by sub-section (2) of section 52 of the 8 / 10 Haryana Housing Board Act, 1971, I have assessed Rs. ___________ as damages payable by you on account of the use and occupation of the said premises, I hereby order you pay the said amount of damages within a period of thirty days from the date of the service of the notice. If the said amount is not paid within the period specified above, it will be recovered as arrears of land revenue.
Schedule Signatures of the Competent Authority.
Date ___________ Form "F" [See rule 7(e)] (Notice to show cause against imposition of penalty) To Shri/Shrimati/Kumari ______ residing at _______ of District _________.
Whereas, you have not paid the sum of Rs. _________ towards instalment/rent/other charges of the period _________ due on _________ in respect of the premises described in the terms of allotment letter/agreement demand notice.
Now, therefore, you are hereby informed to appear personally or through a duly authorised agent, before me at my office on _______ and explain why a penalty not exceeding 25% of the amounts remaining unpaid as provided in section 53 A(1) of the Haryana Housing Board Act, 1971, be not imposed upon you according to law.
If you do not appear as directed, the case will be decided in your absence ex parte.
Schedule Signatures of the Competent Authority.
Date :
Form "G" [See rule 7(f)] 9 / 10 (Order regarding imposition of penalty under section 53A(1) of the Act) To Shri/Shrimati/Kumari __________ residing at ______ of District _________.
Whereas you were served with a show cause notice to explain the reason, if any, why the penalty be not imposed on you for delay in payment of amounts due from you in respect of the premises mentioned above;
And whereas you appeared/failed to appear in my office ____________ and I am satisfied that you have wilfully failed to pay the amount due from you within the prescribed period.
Now, therefore, in exercise of the powers conferred on me by section 53A(1) of the Haryana Housing Board Act, 1971, I impose upon you a penalty amounting to Rs. ___________________ which you are required to pay alongwith the amount of the unpaid instalment/dues within thirty days of the issue of this notice.
Further take notice that if the sums due from you and penalty are not paid, you are liable to be evicted and the sums due shall be recovered from you as if these were arrears of land revenue.
Schedule Signatures of the Competent Authority Powered by TCPDF (www.tcpdf.org) 10 / 10 http://www.tcpdf.org