KASTURI DEVI Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Challenge in the present writ petition is to the orders dated 29.4.2003 (Annexure P-2) passed by the Estate Officer, HUDA and the order dated 26.7.2005 (Annexure P-4) passed by Chief Administrator and the order dated 10.5.2011 (Annexure P-9) passed by the Financial Commissioner exercising the powers of the State Government, resuming and affirming the order of resumption of booth No. 205, Sector 4, Mansa Devi Complex, Panchkula. One Tejinder Singh (deceased) was allotted the aforesaid booth vide the letter of allotment dated 3.4.2000. The allottee was to deposit 25% of the sale price i.e. Rs. 41,850/- with a period of 30 days from the date of issue of the allotment letter and the balance 75% either in lump sum within 60 days without interest or in 10 half yearly installments along with interest. The letter of allotment contains a schedule of payment as well.

(2.) Petitioner was served with a show cause notices under Sections 17(1), 17(2), 17(3), 17 (4) of the Haryana Urban Development Authority Act, 1971 (for short the 'Act') between the period 23.8.2001 to 10.3.2003. The allottee failed to deposit any amount of the balance 75% of the tentative price and the finding that a sum of Rs. 2,01,300/- is still due, an order of resumption was passed by the Estate Officer on 29.4.2003.

(3.) An appeal was filed against the said order, which was dismissed by the Administrator exercising the power of the Chief Administrator on 26.7.2005. It was found that the allottee has failed to avail all the opportunities given to him to deposit the outstanding dues. After the appeal was dismissed, one Mukesh Kumar deposited the amount in parts in the bank account of HUDA from 16.9.2005 till 8.8.2006, total amounting to Rs. 3,30,000/-. In the meantime, on 31.12.2005, Tejinder Singh died. Kasturi Devi claimed the estate of Tejinder Singh on the basis of the Will dated 13.12.2005. On the basis of the Will as a Legal heir of the deceased, the petitioner filed a revision before the State Government, which has since been dismissed vide the order dated 10.5.2011 (Annexure P-9).