RAMESH KUMAR Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by respondent no. 1 dated 11.10.2010 (Annexure P-6), whereby the revision filed by the petitioner against the order not extending the period for deposit of balance of 15% was dismissed.

(2.) Petitioner was allotted a residential plot at Kosli vide the letter of allotment dated 31.12.2008, on deposit of 10% of the tentative price. Petitioner has to deposit 15% of the tentative price to conclude the contract within 30 days of the said letter whereas the balance 75% could be deposited in lump sum without interest or in six yearly installments with interest. Petitioner has not deposited 15% of the initial amount.

(3.) Learned counsel for the petitioner relies upon a Division Bench judgment of this Court reported as Sandhya Jindal vs. State of Haryana,1996 3 PunLR 614, to contend that the petitioner is entitled to opportunity of hearing before cancellation of the allotment. The Hon'ble Supreme Court in Chaman Lal Singhal vs. Haryana Urban Development Authority and ors, 2009 4 SCC 369, has held that the contract stands concluded on deposit of 15% of the initial amount. Since such amount has not been deposited, petitioner is not required to be provided with any opportunity of hearing. It was observed as under: -