MANJU DHAWAN Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE controversy in this writ petition is very short i.e. whether the petitioner is entitled to claim refund of the amount deposited by her from the Haryana Development Authority, along with interest, if so at what rate ?

(2.) SOME facts can be noticed in the following manner: Vide allotment letter dated 5.8.1991 petitioner Smt. Manju Sharma was alloted a residential plot in Sector 23, Sonipat and the number of the plot was 1350/P. Some of the instalments were paid by the petitioner. It was incumbent as per the allotment letter that HUDA shall deliver the possession to the petitioner. It is the common case of the parties that the possession of the plot in question was never delivered to the petitioner, as a result of that, the petitioner stopped paying the instalments. Vide order dated 2.3.1995 (Annexure P-5) the HUDA resumed the plot and forfeited the amount of instalments paid by the petitioner. The petitioner has challenged the action on the part of the respondent-authority and has prayed for the refund of the amount of the instalments alongwith interest.

(3.) I have heard Shri V.K. Jain, Sr. Advocate, appearing on behalf of the petitioner and Shri G.S. Bal, Advocate, appearing on behalf of the respondent-authority.