SH CHANDER MANI Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE controversy here is with regard to the enhanced price claimed by the Haryana Urban Development Authority (hereinafter referred to as 'huda') from persons to whom it had allotted residential sites in the Urban Estate, Kurukshetra. According to the terms and conditions on which the allotment was made (as set out in the letters of allotment similar in terms and content to annexure P/1)- 10 percent, of the price was payable with the application for allotment and another 15 percent thereof within 30 days of the allotment, the balance being payable either in lump sum within 90 days of the allotment or in six half-yearly/annual instalments, but with interest thereon at the rate of 10 percent per annum Interest however, accruing only from the date of offer of possession of the plot. The fist instalment being payable on the expiry of six months/one year of the issue of the letter of allotment.

(2.) IN the context of the issue raised Clause-9 of the Letter of Allotment (annexure P/1) deserves pointed attention. This reads as under:-" 9 The above price is tentative to the extent that any enhancement in the cost of land awarded by competent authority under the Land Acquisition Act shall also be payable proportionately, as determined by the authority. The additional price determined shall be paid within 30 days of its demand".

(3.) FURTHER, there is provision for the imposition of penalty and resumption of the plot under Section 17 of the Haryana Urban Development Authority Act, 1977 and Regulation 12 of the Haryana Urban Development (Disposal of land and plots) Regulations 1978, for non-payment of instalments within the stipulated time.