BABLI Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Challenge in the present petition is to the order passed by the learned Financial Commissioner exercising the power of the State Government dated 20.12.2011, whereby the plot was restored with the condition that the petitioner will not sell the same for the period of next 5 years. Petitioner was allotted a residential plot measuring 141 square meters on 4.1.2007. Petitioner was to deposit 15% of the tentative price within 30 days but the petitioner deposited the part payment of said amount. Since, the entire amount of Rs. 1,15,524/-was not deposited, the plot was cancelled.

(2.) Though, the plot is liable to be cancelled for failure of deposit of the amount, but the petitioner was called upon to appear in person to explain the reasons of non deposit. After considering the representation submitted by the petitioner, reference was made to Administrator, HUDA for condonation of delay of 149 days in depositing the amount. On such representation, learned Financial Commissioner has passed the order dated 20.12.2011, not to sell the plot for a period of 5 years.

(3.) No concluded contract comes into existence unless an allottee deposit 15% of the tentative price in terms of the letter of allotment. But the State Government has shown indulgence to the petitioner to restore the plot subject to the condition of not selling the same.