LACHHMAN DASS Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) LACHHAMAN Dsss petitioner purchased booth plot No. 32, in Mandi Township, Kaithal, for Rs. 2,100/- in an open auction held on 31st July, 1957. He paid one- fourth of the price of the plot at the spot and the balance three-fourth was to be paid vide allotment Order No. 655, dated 14th January, 1958. According to the petitioner, full price of the plot was duly paid.

(2.) AS per Condition No. 14, of the sale-auction, is was necessary for the auction purchaser to complete construction on the plot within two years of the allotment, but according to the respondents. he did not raise any construction thereon till June, 1975. A show cause notice dated 27th June, 1975 was issued by the Mandi Township Department to the petitioner as to why the plot be not resumed for not complying with Condition No. 14 of the auction sale i. e non construction on the plot. No reply was received from the petitioner and another show cause notice dated 14th October, 977, was issued, which was again not replied by the petitioner. The petitioner was then served with a last notice en 2nd December, 1977, in which an opportunity for appearing in person was also given on 16th January, 1978.

(3.) IN spits of personal service, the petitioner did not appear before the Administration of the New Mandi Township, and, therefore, exparte proceedings were taken against Lim by the Administrator. Exercising powers under Section 13 (2) or the Punjab New Mandi Townships (Development and Regulation) Act, I960 (as applicable to Haryana) (hereinafter referred to as the Act), the Administration vide order dated 16th January, 1978 (Annexure t-l), ordered the resuming the plot in question for con-construction and further ordered that after deducting 10% of the amount as penalty from the amount already paid by the petitioner, the balance be refunded to him.