ORIENT RESINS LIMITED Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was allotted plot No. 12 measuring 12,100 sq. yards at Dharuhera Industrial Complex, Dharuhera, District Rewari, vide allotment dated 29.07.1980 to establish a unit for manufacturing resins. As per conditions of the allotment letter, petitioner was required to pay 25% of the total tentative price within 30 days from the date of the issuance of the allotment letter. The balance amount was required to be paid either in lump -sum without interest within 60 days from the date of issuance of the allotment letter or in six yearly annual installments.

(2.) ACCORDINGLY , the petitioner paid 25% of the total amount within the stipulated period. Rest of the amount was to be paid by way of yearly installments. To start the manufacturing unit, the petitioner entered into a collaboration with a Japanese Company. However, in March 1984, the petitioner received a letter dated 08.03.1984 from one Shri P.R. Aggarwal, Advocate on behalf of M/s. Krishna and Co. that the company has obtained an injunction order from the Hon'ble Punjab and Haryana High Court in CWP No. 3467 of 1982, titled as "M/s. Krishana & Co. vs. State of Haryana and others". In the said order, respondents were restrained from delivering the possession of the plot in dispute to "M/s. Orient Resins Limited" i.e. present petitioner and the petitioner was further restrained from raising any construction thereon, if the possession has already been delivered to them. The petitioner approached the Estate Officer, HUDA, Gurgaon, vide letter dated 22.03.1984 to clarify in the entire matter and inform the present status of the matter.

(3.) RESPONDENT No. 4 passed the impugned order dated 17.09.1990 (Annexure P17) ordering the resumption of the plot alleging that the petitioner has failed to complete construction on the plot within two years, which expired on 29.07.1982.