VANDANA KOHLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS have filed the present writ petition under Articles 226/227 of the Constitution of India, challenging the order dated 14.8.2003 (Annexure P6), whereby the respondent no.3 has resumed the site i.e. Booth No.40, Sector 21 -C, Faridabad along with forfeiture of 10% of consideration money by virtue of powers vested in him under Section 17(4) of the Haryana Urban Development Authority Act, 1977 (for short, "the HUDA Act"). Challenge has also been raised to orders dated 27.8.2007 (Annexure P9) and 6.6.2014 (Annexure P11), whereby appeal and revision petition respectively against the order of resumption have been dismissed.

(2.) BRIEFLY stated, the facts of the case are that the petitioners are the successful auction purchasers of double storey shop No.40, Sector 21 -C, Faridabad, vide allotment letter dated 6.10.2000 (Annexure P1). The price of the plot/building was fixed at Rs.27,35,000/ -and the petitioners deposited Rs.2,73,500/ - as bid money at the time of auction and also paid Rs.4,10,250/ - within 30 days so as to make 25% price of the shop in question. As per the terms and conditions of the allotment letter, the balance 75% amount was required to be deposited without interest within 60 days from the date of issuance of allotment letter or by way of eight half yearly instalments along with interest @ 15% on the remaining amount. The petitioners opted to deposit the balance amount in half yearly instalments of Rs.3,50,204/ -. As per Clause 6 of the allotment letter, the possession could be taken on deposit of 15% price in addition to 10% already paid at the time of auction. The petitioners took possession of the site on 10.11.2000 and after usual payments, the petitioners started raising construction thereon, which was completed and thereafter, application for issuance of occupation certificate was submitted by the petitioners on 11.10.2001, which was issued on 6.2.2002 (Annexure P2). Till 4.2.2003, out of the total price of Rs.27,35,000/ -, the petitioners had deposited an amount of Rs.21,10,750/ - and thereafter, the petitioners suffered huge monetary losses in their business and could not deposit the instalments in time. It has been further stated that the development work in the area was not complete and civic amenities like electricity, sewerage, roads etc. were not provided in the vicinity.

(3.) ON account of failure to deposit the outstanding instalments, the respondents issued notices under Sections 17(1), (2), (3) and (4) of the HUDA Act for not clearing the amount of arrears of Rs.4,75,000/ - and respondent no.3 vide order dated 14.8.2003 (Annexure P6), ordered resumption of the site i.e. Booth No.40, Sector 21, Faridabad along with forfeiture of 10% of the consideration money by invoking powers vested under Section 17(4) of the HUDA Act.