AKASH GANGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners seek quashing of the orders dated 18.1.2008 (Annexure P-18), dated 25.2.2008 (Annexure P-20) and dated 11.3.2008 (Annexure P-21) whereby they have been directed by the HUDA authorities to pay the balance amount towards sale consideration of SCO Nos. 1-P and 2, Jail Road, Gurgaon.

(2.) THE facts may be noticed briefly. The petitioners participated in a public auction held in the year 1990 and were the highest bidders for SCO site No. 1-P and 2 on the Jail Road, Gurgaon, measuring 143.25 sq. meters and 137.50 sq. meters, respectively. Both the sites were allotted to them at the sale price of Rs. 12.05 lacs and 10.31 lacs, respectively. There is no dispute that the petitioners paid little more than 25% of the sale price as per the agreed terms and conditions of the allotment. They, however, defaulted in payment of the subsequent installments. It is also not in dispute that due to nonpayment of the installments as per the terms and conditions of the allotment, the subject sites were resumed on 18.1.2002 against which the petitioners preferred a statutory appeal before the Administrator, HUDA followed by a revision petition before the State Government. The revision petition was allowed vide order dated 2.10.2003 (Annexure P-11) in the following terms :-

(3.) THERE is also no dispute that the original allotment price of Rs. 12.05 lacs and Rs. 10.31 lacs, respectively, has already been paid by the petitioners before 2004. The only controversy which remains to be resolved is as to whether or not the HUDA authorities are entitled to any 'penal interest' from the petitioners for the delayed period in making payment of the installments.