K MADAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) DR. (Mrs.) K. Madan, the petitioner has challenged the proceedings and order of the Chief Administratator Haryana Urban Development Authority Faridabad and the Estate Officer, HUDA, Faridabad, resuming her residential plot.

(2.) BRIEFLY, the facts as alleged are that Dr. (Mrs.) K Madan, the petitioner, was allotted plot No. 591 in Sector 7, Faridabad by the Estate Officer, Haryana, Urban Development Authority, Faridabad respondent No. 3 vide his letter No. E. O. /1966 dated 5. 6. 1965. The petitioner has made full payment in respect of the price of the plot. However, vide memo No. A-7-78/2364 dated 12. 4. 78 the plot has been resumed on account of non construction of the building within a period of three years as laid in Rule 14.

(3.) THE petitioner has alleged that no notice was served regarding the cancellation of plot and respondent No. 3 has passed the impugned order arbitrarily and it is also violative of principles of natural justice equity and good conscience. It has also been alleged that it has wrongly been mentioned in the impugned order Annexure P-2 that the petitioner was intimated regarding the cancellation of the plot on 12-4-78 and in fact no notice was ever served upon the petitioner. The petitioner did try to approach respondent No. 2 but his appeal/revision was dismissed on the plea of limitation on 10 9. 80.