DEEPA YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner-Deepa Yadav was allotted plot No. 549-A in Sector 14 Gurgaon by respondent No. 3 the Estate Officer Haryana Urban Development Authority (hereinafter referred to as the Authority) vide letter dated 27.3.1980. The possession of the plot was handed over to her on 9.5.1980 and one of the conditions of allotment was that the construction was to be completed within two years from that date. As the petitioner was unable to complete the construction within the stipulated period, the made an application for extension of time and time was granted upto 30.8.1983. As she could not complete the construction even by that date as she was abroad with her husband, who was in the merchant navy. the petitioner's allotment was cancelled on 27.3.1984. The petitioner's father, Rao Shiv Rattan Singh thereafter filed an appeal before respondent No. 2. the Chief Administrator of the Authority who accepted the appeal and restored the plot vide order. Annexure P-1/A dated 10.7.1984 with the condition that the construction was to be completed within 15 months from that date. As the petitioner was still unable to complete the construction as she remained abroad during this period her father submitted an application. Annexure P-1 dated 21.11.1985 to the Chief Administrator requesting for further extension of time for a year to construct the house This request was accepted and time upto 16.12.1986 was allowed to complete the construction vide letter. Annexure P-2 dated 16.12.1985. The petitioner, however received a letter Annexure P-3 dated 4.3.1986 from the Estate Officer, an official subordinate to the Chief Administrator, resuming the plot in question on the ground that she had not completed the construction by 10.10.1985 i.e. within the period of the earlier extension. The petitioner thereafter filed an appeal against the order but that-too was declined vide order. Annexure P-7 dated 1.3.1986. The orders. Annexure P-3 and P-7 have been impugned in the present petition.

(2.) A reply has been filed by the Authority, in which it has been pleaded that as the construction had not been completed within two years from 9.5.1980 as per the conditions of allotment and even during the extended period the plot had been rightly resumed.

(3.) The writ petition came up for motion bearing on 30.5.1986 and was admitted on 12.8.1987. The matter has come up for final disposal today.