NEHRU PLACE HOTELS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is a Company duly incorporated under the Companies Act, 1956. It was allotted an Institutional Plot in Gurugram for setting up its Corporate Offices, Research and Development Centre and other ancillary purposes. After payment of all the dues, a conveyance deed was executed by the respondent - Haryana Urban Development Authority (HUDA) in its favour. Thereafter, the petitioner wanted to transfer the said plot by way of sale but the HUDA has refused to grant necessary permission. Hence, the present writ petition has been filed.

(2.) Some time in the year 2012, HUDA advertised allotment of Institutional Plots in Gurugram on freehold basis. The petitioner made an application dated 03.05.2012 for one such plot and vide allotment letter dated 11.03.2013 Institutional Plot No. 87, Sector 32, Gurugram, was allotted to it for a total price of Rs. 14,94,45,000/-. The area of the plot was 4050 sq. mts. One of the terms of allotment was payment of Rs. 2,23,61,250/- within 30 days from the date of issue of the allotment letter to complete 25% of the total tentative price. The balance amount was payable in lump sum within 60 days from the date of issue of allotment letter or in four half yearly installments, the first of which was due after six months of the date of issue of the allotment letter. The petitioner accepted the allotment letter and made the payment as required. Physical possession was handed over on 15.04.2013. The building was completed in accordance with the building plans sanctioned by the respondent and occupation certificate dated 22.04.2016 was issued. Conveyance deed dated 10.11.2014 was executed prior to the issuance of the occupation certificate. Thereafter, vide letter dated 06.05.2016, the petitioner sought permission for sale of the plot and building constructed thereupon. However, vide memo dated 10.08.2016, an office memo dated 28.05.2016 was communicated to the petitioner whereby permission sought was refused.

(3.) A detailed written statement has been filed on behalf of the respondents whereby maintainability of the writ petition has been disputed on account of availability of alternate remedy of arbitration. On merits, it has been averred that the Institutional Plots were advertised with a pre condition that the same would not be transferable under any circumstances. It was so mentioned in the brochure inviting applications as well as in the allotment letter. Having accepted the terms of allotment, a concluded contract came into being and the petitioner is bound by the same. Such terms were included pursuant to policy decision taken by the HUDA in 1990s and has been applied uniformly in respect of all Institutional Plots in the State of Haryana. Certain modification was made vide policy dated 26.02.2009, according to which organizational structure of the allottee could be changed with prior approval of the Chairman HUDA subject to the original allottee retaining 51% shares. Thus, the refusal of permission to sell has been defended.