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- Take a good look at the wordings/language of any registry. In that it is clearly stated that the seller (in this case HUDA) is delivering vacant and peaceful possession of the property and buyer confirms that he has received the vacant and peaceful possession.
In your case HUDA is clearly not giving that "vacant and peaceful possession" although they are taking money from your for the same. So you have grounds to approach Estate officer and get the encroachments from your plot removed. Estate officer can even allot an alternate plot if there is one available due to cancellations etc. I am not sure about how things work with HUDA but in Delhi, DDA gets the encroachments removed from plots after auction and before registry and possession.
Lack of development in the vicinity of your plot may not be a good enough ground.
Other alternative is to approach the courts. You have a strong case if registry of your plot is still to be done and you are still to take physical possession. Any lawyer who has experience of fighting with HUDA should be able to tell you about the cases (precedents) in which HUDA sold the plots that were having encroachments and what happened in such cases in the court. This can't be the first time HUDA has sold a plot with encroachments.
Best of luck....CommentQuote0Flag