Judgment :-

S.B. Sinha, J.

1. This petition hasbeen filed for review of our judgment and order dated 16th May, 2008.

2. 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 reallotment 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. The appeal filed by the Corporation was disposed of on the above terms.

3. Mr. Puneet Bali, the learned counsel appearing on behalf of the Review-Petitioners would contend that this Court has proceeded on a wrong premise that the Corporation had in fact directed resumption of the allotted plot. It was contended that the Corporation never directed any resumption owing to alleged non-compliance of the conditions of grant in regard to completion of construction of the factory premises within the prescribed period. In this connection, our attention has been drawn to various orders passed by the concerned authorities including the appellate authority and the High Court.

4. Our attention has furthermore been drawn to certain factual errors purported to have been committed by this Court while noticing the facts of the matter. We may, therefore, place on record the facts as stated before us by Mr. Bali so far as the same are relevant.

The Review-Petitioners had paid four installments. They did not pay the fifth installment within the prescribed time. They submitted a demand draft of Rs.19,00,253/-towards fifth installment. The Corporation by a letter dated 30th January, 2004 referring to its earlier order dated 1st January 2004 by which a show cause notice was issued to it on account of non commencement of construction 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 conditions of allotment, you were required to start construction of factory building within a period of one year and six months from the date of offer of possession, but you have not started the same even after lapse of more than two years and six months.

In view of the above, the reply submitted by you is not satisfactory and plot has become liable for resumption and as such the demand drafts submitted by you have not yet been accepted. 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. In case you are interested in retaining the plot at current price of Rs.2200/- per square meter, you are advised to convey 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 notice in this regard."

The Review-Petitioners did not accept the said offer. It filed objections thereto. By an order dated 27th June, 2005, the said objections were rejected, stating:

"The objections filed by you have been duly considered, wherein you have neither disputed the starting of construction over plot in question within the stipulated period, as one of the conditions of allotment, failure whereof renders the plot liable to be resumed nor explained any reasons justifying your failure to comply with the said condition. Hence the objections filed by you have no merit and hereby rejected. 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 conditions of allotment. Further, the demand drafts in original bearing Nos. 204383 for Rs.900000/-; 204384 for Rs.900000/-& 204385 for Rs.100253/-, all dated 9.1.2004 and Drawn on Indian Overseas ban