D N KEJRIWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition under Arts.226 and 227 of the Constitution of India, the petitioner-firm M/s. Kejriwal Enterprises, New Delhi, has prayed for the quashing of order dt. 16th Mar. 1982 (Annexure-P-2), by which Industrial Plot No. 14 in Industrial Area, Gurgaon, was resumed by the Estate Officer, Haryana Urban Development Authority, Gurgaon, and the order dt. 16th Aug. 1982, passed by the Administrator, H.U.D.A., exercising the powers of the Chief Administrator, H.U.D.A., by which the appeal of the petitioner-firm was rejected. By way of consequential relief, prayer has also been made for the issuance of a writ of mandamus directing the State of Haryana and the H.U.D.A. through its Chief Administrator not to resume the plot in question as the petitioner firm was keen to start construction in the near future.

(2.) Briefly stating, the petitioner-firm applied to the Estate Officer, Faridabad, for the allotement of an industrial plot at Gurgaon, in the year 1971. Accordingly, the Estate Officer allotted an industrial plot to the petitioner-firm vide allotment order dt. 14th Aug. 1972 (Annexure-P-1). According to the terms and conditions of the order of allotment, possession of the site was to be delivered to the petitioner after the payment of 20 per cent of the tentative price, if it was so desired, and construction was to be completed within two years from the date of allotment. On receipt of the allotment letter, the petitioner-firm deposited a sum of Rs. 1,000/- by way of advance on 5th Nov. 1971, whereas 30 per cent of the price of the land was paid on 11th July, 1973. Thereafter, for about eight years, either the petitioner firm did not ask for possession of the plot or the respondent H.U.D.A. did not give possession of the plot to the petitioner-firm, but the admitted position of the parties is that the actual possession of the plot in question was handed over to the petitioner-firm on 5th Aug. 1981.

(3.) During this period, the Estate Officer, H.U.D.A., Gurgaon, issued a letter requiring the petitioner-firm to start the construction forthwith. However, in reply, the petitioner firm informed the respondent that as a copy of the layout plan of the Industrial Area showing the exact location of the plot of the petitioner had not been supplied to it and the actual possession of the plot had not been delivered, it was impossible for the petitioner firm to start the construction. Ultimately, the Estate Officer, H.U.D.A., Gurgaon, resumed the plot vide his order dt. 16th Mar. 1982 (Annexure-P-2). The petitioner-firm filed an appeal against the aforesaid resumption order which was dismissed on 16th Aug. 1982 by the Administrator, exercising the powers of the Chief Administrator (Annexure-P-4).