ASHOK N VAZIRANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of ours would dispose of this petition as well as Civil Writ Petitions Nos. 4361, 4362, 4387, 4593 and 3937 of 1973 and 392 and 692 of 1974, as common question of law arises in all these petitions.

(2.) In order to appreciate the legal controversy raised before us, certain salient features of this petition may be noticed :-- The petition was allotted industrial plot No. 45, Sector, 24, measuring 1250 square yards at Faridabad vide allotment letter No. 18648/ALC/EO dated 5th July, 1969. A copy of the allotment letter is enclosed an Annexure 'A' to the writ petition. The petitioner paid 20% price of the plot before the allotment and the balance of 80% was payable in ten annual instalment with 7% interest thereon. It is alleged in the petition that on 20th Dec., 1972, a notice was received from the Estate Officer, Faridabad, threatening the resumption of the plot in dispute and the forfeiture of RS. 6,650/- on the ground of noncompletion of the factory building within a period of three years. The petitioner was also asked to show cause against the proposed resumption and forfeiture. A copy of the notice is attached with the petition as Annex. 'B'. The petitioner sent a reply to the show cause notice. It is further averred that "without applying his independent and judicious mind, the Estate Officer illegally and arbitrarily resumed the plot vide his order dated 5th April, 1973. A copy of the resumption order is attached with the petition as Annex 'C'. Feeling aggrieved from the order of resumption, the petitioner filed an appeal which was dismissed by the Chief Administrator vide his order dated 25th June, 1973. A copy of the side order is attached as Annexure 'D' with the petition. Still dissatisfied, the petitioner preferred a revision petition to the State Government under Section 11 of the Urban Estates (Development and Regulation) Act, 1964(hereinafter referred to as the Principal Act) as amended. The revision petition was heard by the Secretary to Government, Haryana, Town and Country planning Department and who finding no merit, dismissed the same on 7th Aug., 1973. It is pertinent to observe that after the dismissal of the revision petition, the plot in dispute was allotted to M/s. Lakshmi Chemicals and Engineering Works, 2/13 Ansari Road, Darya Ganj, Delhi, respondent No. 5, on 29th Aug., 1973. The petitioner, through this petition, has challenged the legality of the aforesaid order of the appropriate authorities.

(3.) The petition was admitted on 12th Dec., 1973.