NAWAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition is to the communication dated 26.05.2000 (Annexure P-1); order dated 27.08.2003 (Annexure P-2) & order dated 10.04.2012 (Annexure P-4), whereby the petitioner's father namely Shri Jagpal Singh was conveyed that Plot No. 251, Sector 38, Gurgaon allotted to him stands cancelled on account of non-deposit of 15% of the amount within 30 days. The petitioner's father was allotted Plot No. 251, Sector 38, Gurgaon vide letter dated 01.02.2000. The petitioner's father deposited 10% of the total amount as earnest money. In terms of the letter of allotment, the petitioner's father was to deposit 15% amount within a period of 30 days to make 25% of the total amount. However, he did not deposit the said 15% of the total amount within the time granted. The petitioner was informed vide communication dated 26.05.2000 (Annexure P-1) that the allotment letter issued on 01.02.2000 is cancelled and 10% of the bid amount stands forfeited. The petitioner's father died on 02.01.2001.

(2.) Thereafter, the petitioner filed an appeal before the Administrator, HUDA, Gurgaon, which was dismissed on 27.08.2003. The petitioner preferred a revision petition before the Commissioner, Town & Country Planning, Government of Haryana. The said revision petition was also dismissed by the Financial Commissioner -cum- Principal Secretary to Government of Haryana on 10.04.2012.

(3.) Admittedly, the petitioner and/or his father have failed to perform their part of obligations by not depositing the 15% of the amount within the stipulated time. It was their responsibility to deposit 15% of the total amount within 30 days of the issuance of the letter of allotment. In the absence of deposit of 15% of the amount, no concluded contract came into existence. Such is the view of Hon'ble Supreme Court in Chaman Lal Singhal v. Haryana Urban Development Authority, 2009 4 SCC 369, wherein it has held that the non compliance of the terms of the letter of allotment does not give rise to binding contract. It was observed: