ARUN PRABHA JAIN Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IT is the complainant, a practicing medical practitioner, who is before us in this revision petition. She is aggrieved by the order dated 7.12.99 of the State Commission dismissing her appeal which in turn upheld the order of the District Forum dated 10.11.99 dismissing the complaint.

(2.) COMPLAINANT had applied for allotment of r plot of land measuring 0.82 acres in Sector 2IB, Faridabad or any other suitable alternative site for construction of a hospital. Her application to the Haryana Urban Development Authority (HUDA) - opposite parties was not entertained on the ground that the policy for allotment of plot for construction of nursing home/hospital did not permit the allotment of the site in the name of an individual person and that only a society registered under the Societies Registration Act could apply for the allotment of a site. Complainant had challenged the stand of the HUDA in the District Forum but she failed and she also failed in her appeal before the State Commission.

(3.) ADMINISTRATOR , HUDA asked for certain documents by letter of 15.10.90 which the complainant supplied. Again, the Administrator asked for some further Hetails which also were supplied. Since there was no response for allotment of site to the complainant she had been writing letters to the authorities. She was called for discussion by the Administrator, HUDA on 20.1.94. Her case for allotment of land measuring 0.82 acres in Sector 21B was recommended on 5.5.1994 by the Administrator HUDA, Faridabad to Chief Administrator HUDA, Chandigarh. Administrator also requested that "rate of cost of land and terms and conditions may kindly be got fixed and conveyed at the earliest". The project was also recommended by the Health Services Department. However, by letter dated 7.6.95 Administrator informed the complainant that site measuring 0.82 acre was found to be insufficient to construct 100 beds hospital and asked the complainant to re-examine her request according to the prescribed norms. The complainant on that submitted amended land utilisation plans and scaled down construction of hospital to 40 beds. This was by her letter dated 4.7.95. Complainant did not hear anything in the matter thereafter and was shocked when she received letter dated 1.1.97 from the Estate Officer, HUDA, Faridabad sending her a cheque of Rs.2500/- without any explanation or information. The Estate Officer sought to refund the earnest money received from the complainant in 1990. Naturally the complainant protested and she wrote letters and reminders and she returned the cheque sent by the Estate Officer. It is not necessary to refer to other correspondence except to note that the complainant received a letter dated 11.11.97 from the Administrator, HUDA Faridabad declining her request for allotment of site. This letter reads as under: