HARISH CHANDER MEHRA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner was an applicant for the allotment of residential plot in Dharuhera. Vide letter dated August 20, 1998, the petitioner was allotted a plot measuring 300 sq. metres for a price of Rs. 5,70,600/-. 10% of the price viz. Rs. 57,060/- had been paid by the petitioner along with the application. An amount of Rs. 85,590/- had to be paid within 30 days of the receipt of the letter of allotment. Petitioner states that he had received the letter of allotment on August 24, 1998. He further states that before the expiry of 30 days, he sent a communication on September 18, 1998, with the request that he was unable to accept the allotment and that his letter may be treated as "refusal in terms of para 4" of the letter of allotment. He further requested that the amount of Rs. 57,060/- paid by him may be refunded. Vide letter dated October 8, 1998, he was informed that his request had been received on September 29, 1998. Since it was beyond the prescribed period of 30 days, the earnest money could not be refunded. The petitioner served a notice and failed to get the relief. He has filed the present writ petition. He prays for the issue of a direction to the respondents to make the refund.

(2.) A written statement has been filed on behalf of the respondents. The stand as taken in the letter dated October 8, 1998 (Annexure R-2) with the written statement has been reiterated.

(3.) LEARNED counsel for the parties have been heard. Mr. Rajesh Garg, learned Counsel for the petitioner contends that the action of the respondents in refusing to refund the money is wholly illegal and arbitrary. The claim made on behalf of the petitioner has been controverted by Mr. J.V. Yadav, appearing for the respondents.