BRIJ LAL GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was allotted a booth in an open auction held on 23.05.1984 for a sale price of Rs. 1,16,000/ -. It appears that the petitioner did deposit one instalment but the balance instalments were not paid. The HUDA authorities served the petitioner with repeated show cause notices under Section 17 of the HUDA Act, 1977 but finding no response, the allotment was cancelled and the site was resumed vide order dated 29.03.1995.

(2.) THE petitioner sat at home and did not challenge that order before any forum for a period of 10 years and it was on 21.03.2005 that he filed an appeal before the Administrator, HUDA which was dismissed on merits as well as being hopelessly time -barred. The revision petition preferred by the petitioner has also been dismissed by the State Government.

(3.) AS the facts would speak for themselves, the petitioner has to blame himself for the manner in which he allowed the grass to grow under his feet and took no action for a period of 10 years against the order of resumption. The petitioner's submission before the revisional authority or this Court that he is willing to deposit the due amount along with penal interest etc. or the current market price cannot be accepted for the reason that the commercial property has to be allotted by way of public auction. It is not possible for this Court or the authorities to determine the 'current market price' unless the property is subjected to open auction.