JASBIR SINGH BHADANA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition has been filed for quashing the communication Memo No. 9979 dated 28th February, 2006 (Annexure P-9) and Memo No. 11742 dated 14th March, 2006 (Annexure P-12). By the first communication, an amount of Rs. 5,42,100/- has been returned back to the Petitioner whereas by the latter communication, the request of the Petitioner for restoration of the plot has been declined and the bank draft furnished by the Petitioner returned.

(2.) It may be useful to briefly notice the factual background leading to filing of the present petition. The residential plot measuring 14 Maria bearing Plot No. 2265 in Sec-tor-2, Palwal, District Faridabad was allotted to the Petitioner vide Memo No. 318 dated 18th February, 1998 on free hold basis. In terms of the allotment letter, the price of the plot was fixed at Rs. 1548/- per square meter. The total value of the plot was determined at Rs. 4,64,700/-. The Petitioner was required to deposit the earnest money of 10 per cent along with application. An amount of Rs. 46,470/- was deposited by the Petitioner being 10 per cent of the sale consideration. Another amount equivalent to 15 per cent of the total consideration was required to be deposited within 30 days from the date of allotment. In compliance to the aforesaid condition, an amount of Rs. 69.705/- was also deposited within the stipulated period. Balance amount of 75 per cent could be deposited within 60 days without interest or in half-yearly installment with interest at the rate of 15 per cent. It appears as Petitioner chose to deposit the amount in installments of payment of interest. Details of deposits made by the Petitioner in installments is indicated in Para-4 of the writ petition, which is as follows:

(3.) One of the conditions of the allotment was payment of enhanced price in the event of enhancement of the cost of the land acquired for the development purpose by the Collector/Court. Respondents demanded the enhanced price of Rs. 62,431.20/- and another amount of Rs. 1,42,000/-, which was also deposited by the Petitioner against receipts dated 4th December, 2000 and 19th March, 2002 respectively. It is alleged that despite deposit of amount Rs. 6 lacs, the possession of the plot was never offered. The Petitioner visited the site and found lack of development in the area, which sans basic amenities. Petitioner vide his letter dated 2nd May, 2003 (Annexure P-2) asked for refund of the amount deposited by him. In response to the aforesaid communication, Petitioner was informed vide letter dated 23rd July, 2003 (Annexure P-3) mentioning therein that the development work concerning his plot is completed but if still he is interested to take the refund, the same shall be paid after deducting 10 per cent of the total consideration as per the policy. Petitioner asked the Respondent for the refund of the amount. Petitioner vide his letter dated 28th July, 2003 (Annexure P-4) reinstated his position for refund of the amount.