ROOCHIRA CERAMICS Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this writ petition under Articles 226/227 of the Constitution of India, the prayer is for quashing the order dated 7. 4. 1995/8. 5. 1995 vide which industrial plot No. 5-B, Sector 15-A, Faridabad allotted to the petitioner has been resumed and the entire money deposited by the petitioner has been forfeited and the order dated 12. 9. 1995 vide which appeal filed by the petitioner-Company against the resumption order was dismissed as also notice dated 21. 4. 1995 issued Under Section 18 (1) of the Haryana Urban Development Authority Act.

(2.) UNSHORN of necessary details, relevant facts of the case are that the petitioner was allotted industrial plot measuring 1. 80 acres for an amount of Rs. 2,61,360/ -. Later on the area of the plot was increased to 2. 10 acres and the amount was also increased to Rs. 3,05,827. 50p. The petitioner, at the time of initial allotment had deposited 25% of the tentative cost of plot. A sum of Rs. 2,5,0457. 67p was due to the petitioner upto 19. 12. 1980. The petitioner, in all, had deposited a sum of Rs. 1,90,000/- in the office of respondent No. 3. As per record of respondent No. 3, a sum of Rs. 18,21,448. 90p was due from the petitioner which also includes interest, penalty and enhanced compensation upto 7. 12. 1995. The petitioner had also constructed a factory on the plot. The plot in question was resumed for non-payment of instalments etc. after issuing notices to the petitioner. The petitioner filed an appeal against the resumption order which was also dismissed.

(3.) ON notice of motion having been issued, respondents put in appearance and respondent No. 3 filed written statement. In which material averments of petitioner have been controverted.