ARJAN SINGH Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the order dated 02.02.1993 whereby the allotment made to the petitioner by respondent No. 2 was approved at commercial rates. Thereafter, notice dated 14.07.1994 (Annexure P4) was issued wherein the petitioner was directed to deposit a sum of Rs. 23,700/ -, within a period of 15 days of the receipt of the notice. Petitioner is in physical possession of House N.5 -C/46, N.I.T., Faridabad, measuring 233 square yards which was allotted to him by Ministry of Rehabilitation, Government of India and the deed of conveyance was issued on 19.01.1965. As per the policy dated 28.02.1984, land adjacent to the houses of the allottees was to be transferred to the said persons @ Rs. 50/ - per square yard. Accordingly, petitioner paid an amount of Rs. 2600/ - for 52 square yards, for the land adjacent to his house @ Rs. 50/ - per square yard. However, subsequently, notices were issued wherein the enhanced amount was demanded on the ground that the property was being used for commercial purposes. Accordingly, the writ petition was filed challenging the said demand.

(2.) IN the written statement, filed on behalf of respondents No. 1 to 3, plea taken was that the offer was under the policy dated 28.02.1984 and subject to approval of the competent authority and there was no complete contract and the approval was accorded at commercial rates. A survey committee visited the site on 25.01.1993 and the petitioner was found using the area in question for shops.