HSIDC LTD. Vs. RAJINDER GAUTAM AND ORS.

JUDGEMENT

(1.) This is Defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit of the Plaintiff-Respondent for declaration to the effect that resumption order dated 20.12.1994 and ejectment order dated 24.7.1997 was illegal and not binding upon his rights, further restraining the Appellant from interfering in his peaceful possession over the suit property in any manner, subject to deposit of Rs. 70350/- by the Plaintiff with interest at the rate of 14% per annum plus penal interest, if any, within 15 days from the date of judgment, was decreed.

(2.) The Plaintiff-Respondent filed the present suit with the averments that the plot in question was allotted to one Sh. Amar Chand Gupta vide allotment letter No. 3383 dated 9.8.1977, who had paid the entire dues. After issuance of letter of possession on 18.5.1985, electric and water connections were applied for and construction was also raised. About 40% of the construction was completed and a unit was in production on the suit property. After the death of Amar Chand on 10.4.2000, the Plaintiff became owner of the suit property by virtue of Will dated 20.5.1986. It is the further case of the Plaintiff-Respondent that on 5.9.2001, officials of the Defendants came to the suit property and informed that the same was resumed and also threatened to dispossess the Plaintiff forcibly. The Defendants raised demand of Rs. 70350/- towards extension fee which was unjust and illegal as 40% construction was already in existence and the unit was operational. The resumption order dated 20.12.1994 was stated to be arbitrary, unjust, and further the order dated 24.7.1997 of the Collector was stated to be without jurisdiction, arbitrary and against the natural justice as the property in question was not a public premises at the relevant time. The request made by the Plaintiff to the Defendants to withdraw the resumption order etc. proved futile, which necessitated to file the instant appeal.

(3.) The Appellant filed written statement raising various preliminary objections. On merits, the Appellant submitted that the original allottee was to start construction of building within six months and complete the same within two years with a further rider to commence the unit within three years of the date of allotment. Extension was granted upto 30.6.1993 subject to payment of Rs. 70350/- as extension fee vide letter No. 5565 dated 16.3.1993 but he failed to comply with it which resulted into resumption of plot on 20.12.1994. It was further denied that 40% of construction was in existence on the plot. Denying rest of the averments and submitting that the orders dated 20.12.1994 and 24.7.1997 were illegally passed, dismissal of the suit was prayed for. Replication was filed by the Plaintiff controverting the stand taken the Defendants in the written statement after reasserting the averments made in the plaint.