HARYANA URBAN DEVELOPMENT AUTHORITY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner i.e. Haryana Urban Development Authority, now called as Haryana Shehri Vikas Pradikaran (HSVP) has filed the present writ petition for quashing impugned order dated 12.03.2018 (Annexure P-6), whereby the revision petition filed by respondent No.2 had been allowed and also order of resumption dated 12.05.2017 (Annexure P-4), order dated 21.07.2017 (Annexure P-5) passed by the Administrator, Gurugram in appeal, were set aside and the Estate Officer, Rewari was directed to communicate the outstanding dues along with penalty ofRs. 50,000/- to respondent No.2 within a period of 15 days.

(2.) Briefly, the facts of the case as made out in the present petition are that originally a residential plot No.390 measuring 4 Marla, Sector - MTS at Urban Estate Kosli, Rewari was allotted to one Mrs. Rekha vide allotment letter dated 31.12.2008 (Annexure P-1) for total consideration of Rs. 1,48,230/-. Thereafter, said plot was transferred in the name of Girish Kumar (respondent No.2) vide letter dated 30.08.2010. As per the condition of the re-allotment letter, the balance consideration amount was to be paid in instalments starting w.e.f. 31.12.2010 and ending on 31.12.2014. Respondent No.2 failed to deposit the balance amount and proceedings under Section 17 of the Haryana Urban Development Authority Act, 1977 were initiated. Several notices were issued but neither any reply was filed nor the payment was made. After giving opportunity of personal hearing, the plot was resumed vide order dated 12.05.2017 (Annexure P-4) on account of non-payment of amount of instalments to the tune of Rs. 2,05,108/-Respondent No.2 filed appeal before the first appellate authority i.e.

(3.) Heard arguments of learned counsel for the petitioner. We have also perused the impugned orders as well as other documents available on the record.