PARVEEN KUMAR Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) His failure to pay installments of purchase price of commercial plot No. 93, Sector 09, Panchkula (for convenience referred to as 'the booth site') in terms of letter of allotment, visited the petitioner with resumption of the booth site and forfeiture of 10% of the consideration money plus other dues payable till the date of resumption, and having failed in appeal and revision, he is before this Court by way of the instant Civil Writ Petition under Articles 226/227 of the Constitution of India, with a prayer that a writ of Certiorari quashing order of resumption, dated 26.04.2001 (P7), order dated 27.06.2002 (P8) dismissing his appeal, and order dated 11.02.2011 (P23) dismissing the revision petition brought by him; and a writ of Mandamus directing restoration of allotment of the booth site to him, be issued.

(2.) Put as concisely as one may, facts necessary for disposal of the controversy are that in an open auction held on 31.05.1988, the petitioner being the highest bidder at Rs.3,72,000/-, and having deposited an amount of Rs.37,200/- (being 10% of the bid money) at the fall of the hammer, the booth site was allotted to him vide letter of allotment dated 15.06.1988 (P2), which, inter alia, provided that the petitioner would deposit an amount of Rs.55,800/- within 30 days of its issue, to complete payment of 25% of the bid money (clause 04), would deposit the remainder, i.e. Rs.2,79,000/-, at his option, either in one lump sum, without interest, within 60 days of its issue, or with interest @ 10% per annum, in ten half yearly equated installments (clause 05), could take possession of the booth site immediately on making up the deficiency in payment of 25% of the bid money (clause 06), his failure to pay the installments on due date(s) would entitle the Estate Officer to take action for imposition of penalty and resumption of the booth site (clause 08), and he would have to complete construction over the booth site within two years of the date of offer of possession, after having the plans approved from the competent authority in accordance with the extant regulations (clause 16).

(3.) Petitioner deposited the requisite amount of Rs.55,800/- on 14.07.1988 and thereby completed payment of 25% of the bid money but did not deposit the remainder either in one lump sum or by way of installments as per schedule of payment given in the letter of allotment and agreed to by him.