M/S. KOMAL INDUSTRIES THROUGH ITS PROP. DHANPAT RAI GUPTA & OTHERS Vs. HARYANA URBAN DEVELOPMENT AUTHORITY THROUGH ITS ADMINISTRATOR AT PANCHKULA

JUDGEMENT

(1.) With the consent of the parties, I am disposing of the main case itself instead of giving any interim directions in the Misc. applications moved by the respondents.

(2.) The petitioner had been allotted an Industrial Plot No. 167, Sector 25, Faridabad, measuring 12000 sq. feet, (1315.55 Sq. Yards) on 9th Oct., 1985. The said plot was resumed on 21st Aug., 1990 by respondent-HUDA, on the ground that the construction had not been raised within the stipulated period. According to the petitioner this order of resumption was not conveyed to him and no show cause notice or any opportunity of hearing was given before passing the order of resumption. The petitioner filed the present writ petition for directing respondent - HUDA to sanction the building plans. It was also prayed by way of interim measure that the plot in question be not allotted to anybody else and the possession of the petitioner from the plot in dispute be not disturbed. The Motion Bench on 12th July, 1991 granted the interim prayer and ultimately the writ petition was admitted on 19th Aug., 1991.

(3.) In the written statement filed on behalf of the respondents, it has been stated that in fact the plot stood resumed vide order dated 21st Aug., 1990 (Copy Annexure R-1 with the written statement), which was passed after giving due opportunity to the petitioner. A preliminary objection has been raised in the written statement that the order of resumption dated 21st Aug., 1990 is appealable under Sec. 17(5) of the HUDA Act, 1977. It has further been stated that after the order of resumption was passed, the said plot was allotted to Respondent No. 3 on 8th April, 1991 and the possession was also delivered to the said respondent on 15th April, 1991. It has also been stated that the petitioner had been evicted from the plot in question on 18th Dec., 1990 by taking proceedings under Sec. 18 of the HUDA Act, 1977.