HARBHAJAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Principal Secretary to Government of Haryana, Town & Country Planning & Urban Estates Departments, Chandigarh, on 22.07.2014, whereby the revision petition under Section 30 of Haryana Urban Development Authority Act, 1977 (for short the HUDA) was decided in terms of directions issued by this Court in CWP No.1144 of 2014 on 23.01.2014.

(2.) The land of petitioner Harbhajan Singh was acquired for establishment and development of Urban Estate, vide Notification dated 23.02.1989 published under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act'). The Notification under Section 6 of the Act was published on 22.02.1990. The petitioner as a land owner was entitled to a residential plot in terms of the rehabilitation and re-settlement policy of the State Government. In CWP No.3225 of 1992, a direction was issued on 07.07.1994, to allot the plot to the present petitioner within three months from the date of the passing of the order but it was on 30.12.2009, a letter of allotment was issued to the petitioner allotting plot of 220 sq. metres in Panipat. The conditions of the allotment are as under:

(3.) The petitioner did not communicate acceptance nor sent an amount of Rs. 3,46,500/- within thirty days as stipulated in the letter of allotment. However, on 26.02.2010, the petitioner was informed that 25% of the amount be deposited within 90 days along with surcharge and interest, as per policy. Thereafter, the petitioner communicated on 06.06.2012 (Annexure P-4) requesting for extension of time for the reason that general power of attorney holder of the petitioner had died, therefore, he could not deposit the allotment money in time. It is thereafter, an order was passed by the Secretary in terms of the directions issued by this Court.