IQBAL ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have put to challenge the resumption order originally issued on 4.9.2001 (Annexure P -3) and other consequent orders, so also the memo in the matter of resumption of the commercial site that was allotted to the petitioners.

(2.) The petitioners had participated in the open auction for commercial site in Panchkula and were the successful bidders for SCO No.43, Sector 11, Panchkula for an amount of Rs.1,46,40,000/ - in the auction that was conducted on 16.10.1998. Having been successful in the said auction, they deposited 10% of the auction amount, i.e., Rs.14,64,000/ - with HUDA. The auction was approved and the letter of allotment dated 9.11.1998 was issued in their favour. There was schedule of payment that was published by HUDA, which was to be strictly adhered to. After deposit of 25% amount as per the policy, the petitioners were given the possession of the site on 14.12.1998, of course, subject to the payment of the balance amount to HUDA. The petitioners were found not to have made the payment from time to time as per the schedule and were issued notices dated 19.4.2001 and 21.5.2001 to make payment of Rs.98.60 lacs or else there would be resumption proceedings.

(3.) HUDA passed an order of resumption on 4.9.2001. The petitioners filed civil suit in the civil court. The civil suit was filed on 30.10.2001 which finally came to be decided on 14.1.2013 and the learned Civil Judge (Junior Division), Panchkula held that the suit was not maintainable in view of the bar under Section 15(2) of the HUDA Act. In appeal, the lower appellate court confirmed the said judgment and decree. A regular second appeal was filed in this Court but was withdrawn. The petitioners then filed the present petition with the prayers, as stated above.