ANIL BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant writ petition, the petitioner prays for the quashing/setting aside the order dtd. 8/9/2017 (Annexure P-21) passed by respondent No.5-EO; minutes of meeting dtd. 14/1/2019 (Annexure P-23), besides the allotment letter dtd. 8/3/2019 (Annexure P-25) issued to the petitioner to the extent that the allotment price of the plot is being charged at the current price instead of the price mentioned in the Letter of Intent dtd. 22/3/2000 (Annexure P-2), as also the consequential cancellation order dtd. 6/7/2019 (Annexure P-30) passed by respondent No.5-EO. The petitioner has further, prayed for a writ of mandamus directing the respondents to issue allotment of the plot to the petitioner on the price, mentioned in the Letter of Intent dtd. 22/3/2000 (Annexure P-2).

(2.) In June 1999, the respondent-State of Haryana issued an advertisement inviting application for allotment of various hospital sites located at Gurugram (then Gurgaon), Faridabad and Panchkula. The site at Gurugram measured 10 acres and the tentative allotment price of the plot was mentioned as Rs.10,03,81,600.00. It was also mentioned therein that the preference will be given to Cardiology and Cardio-thoracic.

(3.) In pursuance to the said advertisement, the petitioner applied and deposited the required earnest money of Rs.1,00,38,160.00and after having been found eligible and deserving by the respondent-authority, the petitioner was issued Letter of Intent dtd. 22/3/2000 (Annexure P-2). As per the terms thereof, the petitioner was required to deposit another sum of Rs.1,50,57,240.00 within a period of 30 days. Accordingly, the petitioner deposited the said amount on 20/4/2000. The respondent-authority was required to provide the zoning plan of the site to the petitioner on the basis of which the building plan was to be submitted by the petitioner but, the respondent-authority failed to provide the zoning plan for more than 2 years despite the petitioner having made various representations and requests and it was only vide letter dtd. 25/9/2002 (Annexure P-6) that the petitioner was informed that the zoning plan has been approved vide letter dtd. 3/7/2002 by respondent No.3-Chief Administrator and that the petitioner should get the building plans sanctioned within a period of 15 days. It was absolutely impossible for the petitioner to get the building plans sanctioned within such a short time period simply because, hence for getting the plans prepared for a project spread across an area of 10 acres, thus at least 15-20 days, rather would become consumed.