BALBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to the communication dated 19.10.2006/15.11.2006 (Annexure P-1), whereby an amount of Rs. 10,000/- was refunded to the petitioner consequent to the cancellation of plot No. 1488, Sector 43, Gurgaon. The petitioner was allotted a plot measuring 2 Marlas under 20-Point Programme of Haryana Government vide letter of allotment dated 07.02.2003. It is not disputed that in terms of conditions of letter of allotment, the petitioner was to deposit 15% of the total price within 30 days from the date of issue of allotment letter and the balance amount was to be paid either in lump sum without interest within 60 days or in 100 monthly installments along with interest.

(2.) The petitioner did not deposit 15% of the amount i.e. Rs. 3259/- within 30 days and the balance amount of Rs. 26641/- within 60 days. Subsequently, the petitioner sent a sum of Rs. 10,000/-, which was returned vide communication impugned in the present writ petition. The petitioner filed an appeal against the order of cancellation, which was dismissed vide order dated 09.08.2010 (Annexure P-4). Still aggrieved, the petitioner has filed the present writ petition.

(3.) The petitioner relies upon an order passed in case titled as 'Shri Sube Singh v. Estate Officer, HUDA, Gurgaon' (Annexure P-3) to contend that similarly situated allottee was permitted to deposit the amount, whereas the petitioner has been discriminated in not permitting the amount to be deposited after the period prescribed. It is also argued that the petitioner belongs to Economically Weaker Section of the society and therefore, the respondents should show indulgence to condone the delay in deposit of the amount.