VANDANA BUDHIRAJA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 11.03.2002 (Annexure P-4), whereby the Residential Plot No. 776-P, Sector-39, Gurgaon, allotted to the petitioner by the Haryana Urban Development Authority, has been ordered to be resumed along with forfeiture of 10% of the cost of the plot allotted. Petitioner has also challenged the order dated 02.06.2005 (Annexure P-7) and order dated 08.11.2011(Annexure P-19), whereby the appeal against the order of resumption dated 11.03.2002 and the revision petition against the order passed in appeal dated 02.06.2005 have also been dismissed, vide order dated 08.11.2011.

(2.) Briefly stated the facts of the case are that Plot No. 776-P, Sector-39, Gurgaon, measuring 220 square meters was re-allotted in favour of the petitioner vide letter dated 20.11.1996. The total price of the plot was Rs. 3,34,412/- and 25% of the cost was deposited by the original allottee. On the application for transfer dated 18.11.1996 made by the original allottee-Smt. Reeta Joshi, the plot-in-question was re-allotted in the name of the petitioner vide letter dated 20.11.1996. The petitioner deposited an amount of Rs. 1,75,000/- vide Draft No. 008541, dated 14.10.1999 and in this manner as on 14.10.1999, an amount of Rs. 3,07,870/- were deposited by the original allottee/petitioner with HUDA as against the total cost of Rs. 3,35,412/- and only the balance amount of Rs. 26,542/- was outstanding.

(3.) Vide letter dated 11.03.2002 (Annexure P-4), respondent No. 3 ordered resumption of plot on the ground of non-deposit of instalment, for which a show cause notice under Section 17(3) of Haryana Urban Development Authority Act, 1977 (hereinafter referred as "the Act") was served upon the petitioner vide memo dated 15.07.2001. Another notice dated 01.06.2001, under Section 17(4) of the Act, was also issued to the petitioner.