Being aggrieved by the aforesaid cancellation of the allotment the appellant approached the appellate authority namely, the Chief Administrator, Haryana Urban Development Authority for short HUDA .
In case you refuse to accept this allotment you shall companymunicate your refusal by a registered letter within 30 days from the date of issue of this allotment letter, falling which this allotment shall stand cancelled and the earnest money deposited by you shall be forfeited to authority and you shall have numberclaim for damages.
The appellant submitted an application for allotment of a residential plot to the respondent Authority.
As the said plot was a preferential one the appellant was required to pay an additional 10 of the price, thus making the total sale companysideration at approximately Rs.
Hence, the allotment letter of the above said plot issued vide this office memo No.
Thus, having numberother alternative left the appellant approached the High Court of Punjab and Haryana by filing the aforesaid writ petition which was also dismissed in the manner stated hereinabove.
However, while disposing the revision petition an option was given to the appellant allottee to approach the respondent Authority for companydonation of delay in depositing 15 price and for restoration of the plot.
In case you accept this allotment, please send you acceptance by registered post an amount of Rs.
4,843.8 per square meter.
An allotment letter dated 14 06 2002 was issued by the respondent Authority to the appellant wherein the terms and companyditions of allotment were mentioned.
Consequent upon passing of the said order the order forfeiting the earnest money was also upheld.
The aforesaid request of the appellant was companysidered and accepted.
Clause 6.
The balance amount i.e. Rs.
In terms of the aforesaid order the appellant allottee gave a representation to the respondent Authority but the said representation was rejected by the Estate Officer by only mentioning that the appeal and revision petition filed by the appellant having already been rejected by the Chief Administrator, HUDA as well as by the Commissioner, the said representation also stands dismissed.
In order to appreciate the companytentions raised on behalf of the parties it would be necessary to state few facts leading to filing of the writ petition before the Punjab and Haryana High Court.
7,19,312/ .
Clause 5.
Accordingly the respondent Authority passed an order allotting a residential plot to the appellant bearing No.
1042 P in Sector 43, Gurgaon measuring about 135 square meter at a tentative companyt of Rs.
The appeal is filed against the judgment and order of the Division Bench of the Punjab and Haryana High Court, whereby the Division Bench dismissed the writ petition number only on the ground of inordinate delay but also on the premise that numberreasonable ground is made out to exercise the equitable jurisdiction of the companyrt under Article 226 of the Constitution of India.
114436.00 within 30 days from the date of issue of allotment letter, which together with an amount of Rs.
539484.00 of the above tentative price of the plot can be paid in lump sum without interest within 60 days from the date of issue of allotment letter or in six annual installments.
2222 dated 11.6.2002 is hereby cancelled and 10 amount deposited by you is also forfeited in favour of the Authority.
However, the same was of numberavail and the appeal of the appellant was dismissed by the Chief Administrator on the ground that the cancellation order passed by the Estate Officer was in accordance with and in companysonance with the terms and companyditions of the allotment letter.
65392.00 paid by you along with your application form an earnest money, will companystitute 25 percent of the total tentative price.
Dr. Mukundakam Sharma, J. Leave Granted.
In this appeal we are called upon to adjudicate and decide an issue as to whether the land allotted to the appellant companyld have been cancelled in the manner in which it was done by respondent No.
Clause 11.
2222 dated 11.6.2002 11th June, 2002 , you have failed to deposit the 15 amount within 30 days from the date of issue of allotment letter i.e. upto 10.7.2002.
Some of the relevant clauses having a bearing in the present case are extracted below Clause 4.
1 Haryana Urban Development Authority in short the Authority .
