SHRI S.R. DASS, HEADMASTER, LAWRENCE SCHOOL, SANAWAR (SHIMLA HILLS) Vs. STATE OF HARYANA THROUGH THE SECRETARY, DEPARTMENT OF TOWN AND COUNRTY PLANNING GOVERNMENT OF HARYANA, CHADIGARH AND OTHERS

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petitions Nos 6536, 6249, 4227, 3903, 6516, 6437, 4327, 4528, 6583, 4712 and 6544, all of 1987 which involve similar questions of law and fact. The Petitioners through these petitions and several hundred other Petitioners have challenged the orders of cancellation of allotments of residential plots in various Urban Estates in the State of Haryana made by the successive Ministries from the discretionary quota of the Government from April 1, 1977, by Haryana Urban Development Authority Respondent No. 2 (hereinafter called HUDA), at the instance of Lok Dal Ministry. The facts in the judgment are being given from Civil Writ Petition No. 6536 of 1987.

(2.) THE Petitioner addressed an application dated January 31, 1981 to the Minister for Town and Country Planning, Haryana, Chandigarh for allotment of a plot out of the discretionary quota of the Government, which was allowed and A plot measuring 420 Square Metres in Section 6, Panchkula was allotted to him by the Estate Officer, HUDA, Panchkula, on August 25, 1981 vide letter Annexure P -1, for a tentative price of Rs. 32,100 60 Paise. He was directed to deposit 25 per cent amount of the tentative price, viz. Rs. 8,025 15 paise immediately and the balance amount in six equal half -yearly instalments. The first instalment became due after the expiry of one year from the date of the issue of the letter. It is alleged that the Petitioner has deposited all the instalments. He was further called upon to deposit an additional sum of money on account of extra expenditure incurred by HUDA and he deposited that amount too.

(3.) IT is further pleaded that after the Petitioner paid all the instalments, he applied for a Non -Encumbrance Certificate. He was granted the Certificate dated August 13, 1987 certifying that the plot was free from all encumbrances