SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Respondent No.2 is the Haryana Urban Development Authority through its Estate Officer and respondent No.3 is the Administrator of respondent No.2.

(2.) The petitioner was allotted a residential plot on the terms and conditions contained in the allotment letter dated 01.08.1986. The petitioner had paid the earnest money of 10% but failed to pay any amount thereafter. The acceptance of the allotment was to be accompanied by a further payment of 15% of the total sale consideration. The balance was to be paid in a lumpsum without interest within sixty days of the letter of allotment or in instalments which carried interest at 10% per annum. Clause 7 of the letter provided that the possession of the site would be offered to the petitioner on completion of the development works in the area. The price was subject to enhancement in the cost of land if awarded under the Land Acquisition Act. The failure to pay the amount would make the allottee liable for penalty and resumption. Clause 18 of the letter of allotment reads as under:-

(3.) By a letter dated 06.05.1993, the respondents offered the petitioner possession of the said plot, namely, Plot No.1636 in Sector 55, Faridabad, with effect from 01.04.199 The petitioner was entitled to take possession personally or through an authorised representative at the time and on the date specified. The letter reiterated that the petitioner would have to complete the construction within the stipulated period failing which the petitioner would have to pay extension fee as per the rate fixed by HUDA.