SHAHABUDDIN Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Civil Writ Petition No.13452 of 1992, 'Shahabuddin (Makrana) Marble Co., Chandigarh Versus Haryana Urban Development Authority and others' and Civil Writ Petition No.6115 of 1993, 'Jaswinder Kaur and another Versus Haryana Urban Development Authority, Chandigarh and others', involve common questions of fact and law and, therefore, are proposed to be disposed of together by this common order being passed in Civil Writ Petition No.13452 of 1992, Shahabuddin (Makrana) Marble Co., Chandigarh Versus Haryana Urban Development Authority and others. Facts have also been taken from this writ petition.

(2.) The petitioner firm, through its proprietor, Shahabuddin, (since deceased, and being represented by his Legal Representatives), has brought this writ petition praying for issuance of writ of certiorari quashing order dated 09.03.1992 (Annexure P-15) passed by the Chief Administrator, Haryana Urban Development Authority (hereinafter referred to as 'the HUDA'), whereby offer of allotment of a two-kanal industrial plot bearing No.32, Industrial Area, Phase-II, Panchkula, has been cancelled, as also memorandum dated 15.09.1992 (Annexure P-16). Brief facts necessary for disposal of the instant writ petition are that having come to know that the respondents had decided to allot plots of various sizes at Industrial Area, Phase-II, Panchkula, petitioner made an application dated nil (Annexurer P-1), along with a demand draft of Rs.5500/-, for allotment of a two-kanal plot in Industrial Area, Phase- II, Panchkula. A scheme/project report (Annexure P-2) for the proposed industry was also submitted by the petitioner. Respondent No.2, vide letter dated 09.12.1981 (Annexure P-3) asked for certain information from the petitioner. After the requisite information was furnished by the petitioner, respondent No.2, vide letter dated 04.05.1982 (Annexure P-4) asked the petitioner to appear for interview before the Technical Committee, on 11.05.1982 at 11:00 A.M., which he participated in.

(3.) Thereafter, the petitioner received a communication dated 25.03.1983 (Annexure P-5) from respondent No.1 stating that it had been decided to allot a two-kanal industrial plot bearing No.32, Phase-II, Panchkula, to the petitioner, subject to approval of its project report by the Industries Department, Haryana. The petitioner was also required to deposit 25% of the total tentative sale price of the site in question. This communication was followed by another memorandum dated 04.04.1983 (Annexure P-6) conveying to the petitioner that 25% of the tentative sale price of the plot in question was Rs.13,750/-. Accordingly, the petitioner, vide his letter dated 07.04.1983 (Annexure P-7), sent a demand draft for Rs.8,250/- and another demand draft for Rs.5,500/- to respondent No.2. Then, vide letter dated 18.05.1987 (Annexure P-10), petitioner was asked to appear before the Allotment Committee on 25.05.1978 but the petitioner did not appear before that Committee. The petitioner was again called upon, vide letter dated 26.05.1987 (Annexure P-11), to appear before the Allotment Committee on 08.06.1987. However, on that day, interview could not be held. Thereafter, petitioner was never called for interview.