VIJAY GARG Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) WHETHER the respondents are bound to accept the surrender of the commercial site which was allotted to the petitioners in 1989 in accordance with the provisions of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as the Act) read with the Haryana Urban Development Authority (Disposal of Land and Buildings) Regulations, 1978 (hereinafter referred to as 'the Regulations') and refund the entire amount deposited by them is the question which arises for adjudication in this petition.

(2.) IT has been averred in the writ petition that on the basis of the highest bid of Rs. 7,06,000/- given by them in the open auction held by the Haryana Urban Development Authority (H.U.D.A.) commercial plot No. SB-152, Sector 17, Panchkula was allotted to the petitioners. The terms and conditions of the allotment are incorporated in the memo dated 28.9.1989 (Annexure P.1), issued by the Estate Officer, HUDA, Panckhula (respondent No. 2). Clauses 2, 3, 4, 5, 8, 9 and 16 of the said memo, which have bearing on the claim of the petitioners, read as under :

(3.) SHRI S.S. Bedi argued that the impugned decision should be declared as nullity because it is totally arbitrary and unjustified. He submitted that the provisions contained in the Act and the Regulations do not empower respondent No. 2 to deduct almost 50% of the amount deposited by the petitioners. He further submitted that the respondents cannot charge interest on the dues of instalments prior to 4.8.1992, i.e. the date on which possession of the plot was offered. Shri Bedi placed reliance on the decision of the Supreme Court in H.U.D.A. and another v. Ravinder Nath Sharma, 1996(2) R.R.R. 696 : AIR 1996 S.C. 1981 and argued that in view of Clause 4 of the allotment letter, the respondents cannot deduct anything over and above 10% of the total amount deposited by the petitioners.