(1.) CHALLENGE in the present writ petition is to a communication dated 5.5.1993 (Annexure P.17), whereby the provisional letter of allotment allotting plot No. 88, Udyog Vihar, Phase -IV, Gurgaon, to the petitioner was withdrawn for the reason that the petitioner had not fulfilled the conditions of allotment.
(2.) THE petitioner applied for allotment of an industrial plot measuring 1000 square metres in the Industrial Estate, Udyog Vihar on 13.10.1989 along with 10% of the total money to be paid i.e. Rs. 59,500/ -. The proposed project of the petitioner was of Rotational Moulding Plant for plastic tanks for storage of water and liquids. In the application form Para 5(e) was to the effect that the finances for the project will be partly from the Haryana Financial Corporation, Commercial Banks and own money. On 16.7.1991, it was decided to earmark 1000 square metres plot for the petitioner. The petitioner was asked to pay another sum of Rs. 89,250/ - to make the same approximately 15% of the cost of the plot. The petitioner remitted the amount. However, the petitioner was communicated the incidence of enhanced cost @Rs. 185/ - per square metres. The first installment of the amount of Rs. 1,85,000/ - amounting to Rs. 46,250/ - was payable within 35 days of the issuance of the letter dated 29.7.1991 (Annexure P.4). The petitioner did deposit the aforesaid amount.
(3.) THE petitioner was called upon to convey his acceptance within 35 days of receipt of the provisional letter of allotment, which was to remain valid for a period of 90 days in case the project was to self finance and 180 days in case, the petitioner proposed to raise the loan from the Haryana Financial Corporation/Banks/All India Financial Institutions. The petitioner committed his acceptance on 4.10.1991, but the compliance in terms of the conditions could not be made even though the period of compliance was extended for a period of three months from 11.3.1992 to 10.6.1992 vide communication dated 9.3.1992 (Annexure P.9). It was on 10.6.1992, the petitioner communicated that he had applied for loan to the Haryana Financial Corporation, but in the alternative also asserted that in case of delay or non sanction of the loan, he would finance the project from his own funds or funds to be raised from relatives and other well wishers. On 6.7.1992 (Annexure P.11), the petitioner was informed that he had not completed the requisite formalities; therefore, he can seek extension for three months on deposit Rs. 3000/ - as extension fee within a period of 15 days. The petitioner did make the request for extension on 9.7.1992 along with sum of Rs. 3000/ -, but for a period of six months i.e. upto 10.1.1993. It appears that extension was granted for three months, which is evident from the communication of the petitioner dated 7.9.1992 (Annexure P.13), wherein the petitioner acknowledged that time for completion of formalities was extended upto 10.9.1992. The petitioner also sent another sum of Rs. 3000/ - for extension. On 29.10.1992 (Annexure P.15), acknowledgement was sent in respect of the letter of extension of time, but information was sought as to the name of the financial institution, where the loan application was pending. It was again on 9.11.1992, the petitioner sought extension for another six months. But on 5.5.1993 (Annexure P.17), the provisional letter of allotment was withdrawn for the reason that the petitioner now sought to change option for raising of loan to self financing for setting up of a unit. Since the admissible period for self finance was 90 days, the request of the petitioner was not considered and therefore, the provisional letter of allotment stood automatically withdrawn.