TERESA DSOUZA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Pursuant to an advertisement issued by respondent No.3, petitioner filed an application, along with an amount of Rs.1,88,100/- for allotment of a residential plot in Sector 2, Faridabad, on free hold basis. The petitioner was declared successful, in a draw of lots held on 04.10.2010, with respect to the residential plot No.2355-P, Sector-2, Urban Estate, Faridabad, (hereinafter referred to as 'the plot in question') and was allotted aforesaid plot vide letter of allotment dated 04.10.2010 (Annexure P-1). Possession of the plot was also delivered to her, vide possession certificate No.599 dated 22.11.2010 (Annexure P-2). Respondent No.3, vide memorandum dated 04.10.2010, asked the petitioner to deposit enhanced compensation and accordingly, she deposited an amount of Rs.3,49,594/- on 02.11.2010, another amount of Rs.34,743/- on 04.11.2010, vide receipts dated 02.11.2010 and 04.11.2010, Annexures P-3 and P-4, respectively. The petitioner then submitted building plan (Annexure P-5) along with requisite fee, vide receipt dated 13.09.2011 (Annexure P-6). The building plan was approved. Petitioner then made a request to respondent No.3 to permit her to mortgage the plot in question with the State Bank of Patiala, Sector-9, Faridabad, so as to raise loan for raising construction thereon. Respondent No.3, vide memorandum dated 17.08.2011 (Annexure P-7) granted necessary permission to the petitioner. She then commenced with construction over the plot in question in the month of February, 2012, and when construction had been raised substantially, she received a copy of memorandum dated 26.02.2013 (Annexure P-9) from the Estate Office, which is addressed to the Chief Administrator, Haryana Urban Development Authority, Panchkula, with a copy endorsed to the petitioner, whereby respondent No.3 had conveyed the former that Plot No.2378, Sector- 2, Faridabad, was allotted in the names of Shyam Sunder Gupta and Pawan Gupta, i.e., respondent Nos.4 and 5, jointly, but possession of that plot could not be delivered to them as it was deleted in the demarcation plan. The allottees approached the Court and in the situation, vide memorandum dated 24.06.2009, the plot in question was allotted to them, in exchange, vide letter dated 17.11.2009, however, the plot in question was, inadvertently, included in the draw of lots and has been allotted to the present petitioner, who had also deposited the amount due, in terms of letter of allotment and had obtained possession of the plot. The petitioner was yet to recover from the shock when she received memorandum dated 02.05.2013 (Annexure P-12), whereby allotment of the plot in question, in her favour was cancelled and it was stated that this plot had already been allotted in the names of respondent Nos.4 and 5, jointly. Vide this memorandum dated 02.05.2013 (Annexure P-12), permission to mortgage the plot, certificate of possession issued on 22.11.2010 (Annexure P-2) and approval of building plans issued, vide memorandum dated 05.08.2011 (Annexure P-5) were also withdrawn.

(2.) To challenge the memorandum dated 02.05.2013 (Annexure P-12), petitioner has brought this instant writ petition, under Articles 226/227 of the Constitution of India, alleging that respondent No.4, Shyam Sunder Gupta, is working as an Accounts Officer in the office of the Haryana Urban Development Authority, Gurgaon, and respondent Nos.2 and 3 have passed the memorandum dated 02.05.2013 (Annexure P-12) only to favour him. It is also the case of the petitioner that before passing of order dated 02.05.2013 (Annexure P-12), no opportunity of hearing was afforded to her and cancellation of allotment of the plot in question, at this stage, is bound to visit her with extremely adversed circumstances as she has incurred huge expenditure in raising construction over the said plot. Written statements have been filed, jointly, on behalf of respondent Nos.2 & 3 and on behalf of respondent Nos.4 & 5.

(3.) We have heard learned counsel for the parties and have examined the record.