SUDHA MITTAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, a non-resident Indian, complains against the bureaucratic highhandedness. She was offered a plot measuring 500 square meters in the Industrial Estate, Panchkula. Vide order dated December 28, 1982, the offer was 'withdrawn. ' Her representation against this order having been rejected. She has approached this Court through the present writ petition. She prays for the issue of a writ in the nature of certiorari quashing the impugned order and for a writ of mandamus directing the respondents to allot a 1000 square meters or a 500 square meters plot to her. The respondents justify the impugned order primarily on the ground that the petitioner had "failed to complete the requisite formalities mentioned in the letter of intent within the specified period of 180 days- -. " A few facts may be noticed. On July 31, 1981,the Haryana Development Authority (hereinafter referred to as the 'authority') published a notice in 'the Tribune' offering plots to non-resident Indians in the various Industrial Estates being developed at different places including Panchkula in the State of Haryana. The tentative price of a plot at Panchkula was mentioned as Rs. 55/- per square meter. The application had to be submitted on the prescribed form "attached with the Key Plan Folder for the Urban Estates -. " The applicants were required to pay 25% of the total tentative price of the plot with the application in the shape of a Bank Draft in favour of the Chief Administrator, Haryana Urban Development Authority, Chandigarh (hereinafter referred to as 'huda' ). The mode of payment of the balance amount was also mentioned. It was also stipulated that preference will be given to those who pay full amount in advance. The applicants were further required to send the application alongwith the "biodata, professional background, experience in industry and two copies of the Project profile. " The size of the plot required was also required to be clearly indicated. Besides, it was also said that "an affidavit of being Non-Resident Indian and Photostat copies of Pages 2,3,4 and 5 of the Passport be also sent with the application. " The last date for receipt of applications was fixed as October 15, 1981. A copy of this notice has been produced as Annexure P-l with the writ petition.

(2.) IN pursuance of this notice, the petitioner obtained the prescribed form alongwith the Key Plan Folder from the office of the Chief Administrator. A copy of the relevant extract has been produced as Annexure P-2 with the writ petition. A perusal of this document shows that applications were invited for 14 plots measuring 2000 square meters each and 43 plots measuring 1000 square meters each. The terms and conditions of allotment were also laid down. It was inter-alia mentioned that "the tentative price of the plots shall be payable in foreign exchange to be converted into Indian rupees especially for this purpose through State Bank of India. The price of land enhanced by the Court or otherwise, if any, shall also have to paid in foreign exchange in addition to the price of the plots. In addition to the cost of land each plot-holder shall be required to remit to India foreign exchange equivalent to the cost of construction of the factory building to be built by him according to plan approved. " Vide notice dated October 29, 1981, the last date for submission of applications was further extended.

(3.) IN pursuance to the above, the petitioner forwarded the application on the prescribed form alongwith the necessary documents with her letter dated September 10,1981. Alongwith the application, she also forwarded four Drafts for a total sum of 6600 U. S. Dollars drawn on the Chandigarh Branch of the State Bank of India. In response to this application, the Chief Administrator, HUDA informed the petitioner that "on the scrutiny of your project for the manufacture of Bakelite electrical accessories, a plot measuring 500 square meters has been earmarked for you in the Panchkula Industrial. Estate. However, before a formal allotment letter is issued in your favour, you are requested to please complete the following formalities connected with the implementation of your project. " These formalities included getting the "unit registered with the concerned General Manager, Distt. Industries Centre ---- -. "; sending the "implementation schedule"; getting the "drawing of your unit prepared from qualified Architect and submit the same to the concerned Estate Office. "; "approaching the Haryana Financial Corporation/a Scheduled Bank for sanction of loan required to meet the cost of land, building and machinery" and supply the "complete list of plant and machinery to be installed in your proposed unit for scrutiny by this authority. " It was further mentioned that "with your zeal to set up a unit in the above industrial Estate we are sure that the above formalities can be completed by you within a period of 180 days (six months) from the date of issue of this letter, failing which the authority shall be constrained to withdraw the offer. " Thereafter, vide letter dated April 16, 1982, the petitioner was informed that Industrial plot No. 147 "measuring 500 = 15. 50x35 (tentative)" had been earmarked in her favour. Copies of these two letter have been produced as Annexures P-5 and P-6 with the writ petition. In pursuance to these two letters, the petitioner addressed a communication dated July 4, 1982 to the Chief Administrator, HUDA pointing out that in the notice inviting applications, plots measuring 2000 square meters and 1000 square meters only had been mentioned and that "not a single plot of 500 square meters" was mentioned m the Brochure. She further submitted that she had applied for a plot measuring 2000 square meters "with a request that if the same is not available, then a plot of a 1000 Sq. meters may kindly be allotted to me. " She further pointed out that the cost of a 1000 square meters plot comes to about Rs. 55,000/- @ Rs. 55/- per Sq. meter as per your advertisement and accordingly I sent Demand Draft for $ 6600/- (U. S. A. Dollars) which are equal to more than 61,000/- Indian rupees. " In view of this position, she requested the Administrator "to please reconsider your decision and allot me a plot of atleast 1000 Sq. meter as a smaller plot does not serve the purpose of our project. " It was also mentioned that "on hearing from you we shall try to complete the formalities mentioned by you as early as possible. " A copy of this letter is on record as Annexure P-7. The petitioner avers that to her utter surprise, instead of considering the request for allotment of 1000 square meters plot, she received a letter dated December, 28,1982 (Copy Annexure P-8) whereby the allotment of Plot No. 147 of 500 square meters area was withdrawn. She avers that this order was passed "without any notice or opportunity to show cause having been served- -. " She represented against it vide her letter dated January 12,1983. A copy of this representation has been produced as Annexure P-9. In response to this letter, she was informed vide letter dated March 3, 1983 that the offer had been withdrawn as she had failed "to complete the formalities within the stipulated period --- -. " Aggrieved by this action, she has approached this Court and challenged the order inter alia on the grounds that these were violative of the principles of natural justice and that the action is arbitrary and violative of Article 14 of the Constitution.