RENU KHANNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed to quash the Show Cause Notices issued to the petitioner vide Annexure P-2, P-4 and P-6.

(2.) THE 2nd respondent namely Haryana Urban Development Authority (hereinafter referred to as the 'huda') framed a scheme for allotment of residential plots and also issued an advertisement calling for applications. In response to the said advertisement the petitioner applied for allotment of one of the Industrial plots along with a deposit of Rs. 5477/- as earnest money as required in the said advertisement. Thereafter, the petitioner informed vide letter dated 5. 7. 1985 that she has been allotted a plot bearing No. 799 in Sector 21-C (Part-II) at Faridabad on free hold basis. According to the terms of the said letter, the petitioner was asked to pay a sum of Rs. 8215,50 Ps. and the balance amount of Rs, 41,077. 50 Ps. were to be paid in six annual instalments. Accordingly, the petitioner deposited a sum of Rs. 8216/ -. Thereafter the HUDA issued another notice for payment of revised tentative price of the plot @ Rs. 247. 11 Ps. per sq. mtr. and the revised tentative price of the plot was fixed as Rs. 57,082. 50 Ps. The petitioner deposited a sum of Rs. 577. 50 Ps. on the basis of the letter dated 31. 3. 1986. Under the terms of the letter dated 5. 7. 1985, the HUDA was required to deliver the possession of the plot within 90 days from the issuance of the said letter but the possession was not delivered to the petitioner. Without complying with the terms and conditions of the allotment letter, HUDa issued a show cause notice to the petitioner on 16. 11. 1987 demanding a sum of Rs. 17,120/from the petitioner and also issued a show cause notice stating that why a penalty of Rs. 1712/on the said amount be not imposed on her vide Annexure P-2. The petitioner gave a reply on 28. 12. 1987. Thereafter the HUDA issued another show cause notice on 19. 8. 1988 vide Annexure P-4 and she was asked to appear before the authorities on 23. 9. 1988. Accordingly, the husband of the petitioner went to the office of HUDA on 23. 9. 1988, but the office was closed on account of holiday. The HUDA again issued another notice on7. 11. 1988 vide Annexure P-6 directing the petitioner to deposit a sum of Rs. 31,251/ -.

(3.) THERE is no dispute that the petitioner was allotted a plot of 1500 Sq. yards bearing No. 799 in Sector 21-C, at Faridabad. There is also no dispute that the petitioner deposited a sum of Rs. 5477/- alongwith the application for allotment of a plot and also further sum of Rs. 8215. 50 Ps. on issuing the letter of allotment and further sum of Rs. 577. 50 Ps. on the receipt of letter dated 31. 3. 1986. The only controversy appears to be in regard to the payment of interest on the balance of instalments due. Admittedly the petitioner has not paid instalments after 31. 3. 1986 till the date of the writ petition, it appears that the petitioner deposited a sum of Rs. 15,625/ -. Clauses 6 and 7 of the allotment letter read as follows :