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2014 Supreme(P&H) 1061

HEMANT GUPTA, JAISHREE THAKUR
Fana alias Maina Devi – Appellant
Versus
Financial Commissioner and Principal Secretary to Government of Haryana – Respondent


Advocates:
For the Petitioner:Mr. C.R. Dahiya, Advocate.
For the Respondents No. 2 & 3:Mr. Amit Jaiswal, Advocate.

JUDGMENT

Ms. Jaishree Thakur, J.: - The challenge in the present writ petition is to order of resumption dated 14.12.1988 passed by the Estate Officer, HUDA; order dated 23.4.1996 passed by the Administrator as an Appellate Authority and the order dated 3.12.2013 passed by the Principal Secretary, Town and Country Planning Department, Government of Haryana, upholding the resumption order.

2. The petitioners herein are the legal heirs of late Devi Lal, who was purchaser of Plot No. 49-CC-III, Mandi Township, Fatehabad, in an auction hold on 14.12.1977 for a sum of Rs.30,200/-. 25% of the total cost was required to be deposited at the time of allotment. Balance payment was to be made in six half yearly installments. Late Devi Lal deposited 25% of the total costs at the time of allotment and paid the amount of 1st, 2nd and 3rd installments falling due in the months of December 1979, June 1980 and December 1980 as well. However, on account of financial constraint, Devi Lal could not deposit the balance amount, as per the petitioners herein, as he was taken seriously ill with cancer and required the money for his treatment. The Estate Officer passed the order of resumption on 14.12.1988












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