RAVINDER GARG Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the instant writ petition under Articles 226 and 227 of the Constitution of India, for quashing of the order dated 6.4.2004 (Annexure P-13) passed by the Estate Officer, Haryana Urban Development Authority, Gurgaon (respondent No.4 herein), whereby the provisional letter of allotment with regard to the industrial plot No. 628, Sector 37, Pace City-II, Gurgaon, issued in favour of the petitioner,had been withdrawn on the ground that the petitioner had not complied with the terms and conditions of the allotment letter; as well as the orders dated 30.8.2005 and 23.4.2010 (Annexures P-15 and P-17) passed by the Administrator, Haryana Urban Development Authority, Gurgaon (respondent No.3 herein); and the Financial Commissioner & Principal Secretary to Government of Haryana, Town and Country Planning Department, Chandigarh (respondent No.1 herein), whereby the appeal and revision, respectively, filed by the petitioner against the aforesaid order have also been dismissed.

(2.) In the present case, on 28.12.1999, on certain terms and conditions, the petitioner was allotted the plot in question and a provisional letter of allotment, copy of which has been annexed as Annexure P-1, was issued. Those conditions were to be fulfilled within the extended period of one year. As per clause 1 (i) and (ii), there were certain conditions with regard to payment of instalments. The petitioner was to pay 25% of the tentative price of the plot within 30 days and the remaining 75% of the balance amount was to be paid in lump sum within 60 days of the issuanceof the provisional letter of allotment without any interest or within a period of 9 months in three instalments with interest at the rate of 18% per annum.

(3.) In clause 1 (iii), there were certain conditions relating to completion of formalities with regard to setting up of the industry, i.e. (a) obtaining of provisional registration certificate of the unit from the concerned General Manager, Director of Industries Centre; (b) obtaining of provisional approved building plans from the competent authority; and (c) getting the loan sanctioned from the Bank/ Financial Institution, in case the project is partly self financed or fully self financed, the proof of having funds was to be furnished.