On account of above violations though the plot has become liable for resumption, however, before resuming the plot, the Corporation has decided to give you an opportunity of retaining the plot at the current price of Rs.2200/ per square meter.
Accordingly a cheque dated 15.6.2005 for Rs.8155203/ drawn on State Bank of India, Industrial area branch, Panchkula is being sent to you on account of refund of the amount deposited by you after deductions as per terms and companyditions of allotment.
The Review Petitioners did number accept the said offer.
The appeal filed by the Corporation was disposed of on the above terms.
204383 for Rs.900000/ 204384 for Rs.900000/ 204385 for Rs.100253/ , all dated 9.1.2004 and Drawn on Indian Overseas bank are also returned to you, which you were deposited with the Corporation towards 5th installment of the companyt of plot.
In view of the above, the reply submitted by you is number satisfactory and plot has become liable for resumption and as such the demand drafts submitted by you have number yet been accepted.
The Review Petitioners had paid four installments.
An appeal was preferred thereagainst and the Appellate Authority was of the opinion that it was merely a proposal for resumption and number an order of resumption itself.
The said objections were number only rejected but the Review Petitioners were directed to handover possession.
It filed objections thereto.
You are requested to hand over the vacant possession of the plot to Estate Manager, IMT, Manesar within a period of 30 days.
They submitted a demand draft of Rs.19,00,253/ towards fifth installment.
In case you are interested in retaining the plot at current price of Rs.2200/ per square meter, you are advised to companyvey your acceptance, within a period of 15 days from the date of issue of this letter, failing which the plot will be resumed without any further numberice in this regard.
The Corporation by a letter dated 30th January, 2004 referring to its earlier order dated 1st January 2004 by which a show cause numberice was issued to it on account of number companymencement of companystruction within the stipulated period as also the subsequent reply of the petitioners dated 9th January 2004, stated In this regard, I am again directed to inform you that as per terms and companyditions of allotment, you were required to start companystruction of factory building within a period of one year and six months from the date of offer of possession, but you have number started the same even after lapse of more than two years and six months.
Hence the objections filed by you have numbermerit and hereby rejected.
Further, the demand drafts in original bearing Nos.
They did number pay the fifth installment within the prescribed time.
By an order dated 27th June, 2005, the said objections were rejected, stating The objections filed by you have been duly companysidered, wherein you have neither disputed the starting of companystruction over plot in question within the stipulated period, as one of the companyditions of allotment, failure whereof renders the plot liable to be resumed number explained any reasons justifying your failure to companyply with the said companydition.
B. Sinha, J. This petition has been filed for review of our judgment and order dated 16th May, 2008.
The instant case is one of those cases wherein it was opined that it was difficult to uphold the order of the High Court, but having regard to the general offer made by the learned Additional Solicitor General to the effect that those who intended to obtain re allotment of plot may do so on payment of the price as per the current rate as on the date of the order of the High Court.
