NAURANG RAI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in the present petition is to the communication dated 13.9.2005 (Annexure P-2) passed by the Estate Officer, HUDA and order dated 26.6.2007 (Annexure P-4) passed by Financial Commissioner and Principal Secretary to Government, Haryana, Town and Country Planning Department, Chandigarh.

(2.) The petitioner was the highest bidder of Booth site No. 530 City Centre, Bhiwani. The petitioner deposited a sum of Rs.43,660/- being 10% of auction price before the letter of allotment was issued on 09.02.2004. In terms of letter of allotment, 15% of the auction amount was to be paid within 30 days from issuance of allotment letter. The petitioner deposited such amount on 30.7.2004 i.e. after the expiry of the time granted. The petitioner sent draft of Rs.70,000/- (two drafts of Rs.35,000/- each) including interest and penalty on account of late deposit of the said amount. The said amount was returned on 13.9.2005 and the initial amount of Rs.43,660/- was forfeited. The petitioner filed a petition before the Financial Commissioner and Principal Secretary to Government, Haryana, Town and Country Planning Department which remain unsuccessful vide order dated 26.6.2007.

(3.) The petitioner relied upon the policy dated 20.03.2007 framed by Haryana Urban Development Authority (Annexure P-7). The relevant extract from the policy reads as under:- "[3] Powers for condonation of delay for all categories of plots except commercial plots. S.No. Period of Condonation beyond 30 days Concerned officer who can condone the delay Rate of surcharge leviable on 15%amount in addition to interest as per policy. 1 Up to 30 days E.O. Concerned 5.00% 2 Next 60 days i.e. up to 90 days Administrator HUDA, concerned 7.50% 3 Beyond 90 days on 180 days Chief Administrator, HUDA. 10.00% 4 Beyond 180 days upto one year Authority 10.00% Besides surcharge, penal interest at the rates applicable at the time of allotment, shall have to be paid for the delayed period to be reckoned from the date of allotment to the date of payment. In no case condonation of delay for more than one year shall be done."