PRINTERS ENGINEERING COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts brought on the record of this petition which has been filed for quashing the order dated 6.11.1998 passed by the Commissioner and Secretary to Government of Haryana, Town and Country Planning Department, Authority (hereinafter described as 'HUDA') connive with the plot holders for causing loss to the very public authority which they pretend to serve.

(2.) Although, for the reasons best known to it, the petitioner has not placed on record copy of the letter of allotment and, therefore, we are not in a position to know as to when the plot in question was allotted and what are the terms and conditions of allotment but a careful reading of the record shows that industrial plot No. 26, Sector 25, Faridabad was originally allotted (jointly) to Smt. Lilawati, Subhash Chand Kohli and Chander Mohan. Later on, the same was transferred to the petitioner subject to the condition that the construction will be started within six months and completed within next 15 months.

(3.) Proceedings under Section 17 of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as 'the 1977 Act') were initiated against the petitioner due to non-construction of building within the stipulated time. Notices dated 25.8.1989, 30.11.1989 and 23.3.1990 were issued to the petitioner under Section 17(3) and 17(4) of the 1977 Act but it failed to erect the building in accordance with the letter of allotment and Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979. Consequently, the Estate Officer passed order Annexure P-2 dated 9.7.1990 for resumption of the site and forfeiture of Rs. 6,210/- out of the amount deposited by the petitioner. The appeal preferred by the petitioner under Section 17(5) of the 1977 Act was dismissed by the Administrator, HUDA, Faridabad (exercising the powers of the Chief Administrator, HUDA) on 17.9.1990. The relevant portion of the appellate order is reproduced below: