HARYANA BUILDERS LIMITED Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Whether an allottee of the land belonging to Haryana Urban Development Authority (for short, 'HUDA') can avoid payment of the price in accordance with the conditions of allotment read with Haryana Urban Development Authority Act, 1977 (hereinafter described as 'the Act') and Haryana Urban Development Authority (Disposal of Land and Buildings) Regulations. 1978 (for short, the Regulations) is the question which arises for determination in this petition filed by the petitioner for quashing notice Annexure P, 13 dated 22-1-2001 issued by the Estate Officer. HUDA. Gurgaon (respondent No. 4) and order Annexure 17 dated 9-3-200) passed by the Administrator. HUDA. Gurgaon (Respondent No. 3).

(2.) For the purpose of deciding the above noted question, we may notice the relevant facts.

(3.) On the basis of highest bid given by its representative in the auction held in November,1996. The petitioner was allotted SCO site No. 24, Sector 14, Gurgaon at a price of Rs. 1,25,15,000/-. This was subject to the terms and conditions embodied in allotment letter Annexure P. 1 dated 27-11 -1996. After paying 25% of the price which included bid money of Rs. 13,00,000/-, the petitioner's representative took possession of the site on 31-12-1996 and constructed multi-storeyed building in a period of over 2 years. In the course of construction, certain deviations were made from the sanctioned building plan which were got compounded by the petitioner's representative by paying Rs. 3,50,733/- as compounding fee apart from Rs. 20,082/- which were paid as extension fee. However, no attempt was made to pay the instalments of price in accordance with Clause 2 read with Clause 5 of the conditions of allotment despite notice issued by respondent No. 4 under Section 17(1) of the Act and penalty of Rs. 1,53,687/- imposed vide order dated 24-8-2000 passed under Section 17(2) of the Act. (Copy of this order has not been placed on the record of the writ petition).