No one can benefit from their own wrongful act, and mis-declaration in securing an allotment renders it improper.

JUDGMENT

Vinod S. Bhardwaj. J. - This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

2. The question that arises for consideration in the present petition is whether a person should be allowed to retain the benefit of allotment secured by him by submission of incorrect declaration contrary to the terms of the Brochure/ advertisement and the conditions of the letter of allotment.

3. By means of the instant writ petition, the petitioner has raised a challenge to the impugned orders dated 20.11.2019 (Annexure P-6); 28.05.2021 (Annexure P-16) and 12.07.2021 (Annexure P-18), whereby the respondents have cancelled allotment of plot No.756-P, Sector 6, Urban Estate, Jhajjar. The petitioner further seeks restoration of the said plot by impugning that cancellation of the allotment is contrary to the policies dated 06th May, 1997 (Annexure P-20), 01st September, 1998 (Annexure P-21) and 07th January, 2008 (Annexure P-22).

4. Learned counsel for the petitioner submits that the petitioner is a 78 years old senior citizen, who retired from the Central Reserve Police Force after serving 36 years and having been awarded the President Police Medal in addition to 19 other awards received from various higher authorities as a mark of his exemplary service. Learned counsel submits that the petitioner had purchased one plot bearing No.244 situated in Sector 31-32A in Urban Estate Gurugram on 02.07.2001 from one Shree Ram Attri and thereafter a re-allotment in his favour was issued by HSVP on 12.07.2001. The said plot had been allotted in favour of the vendor of the petitioner under the general category and was thus not a concessional allotment.

5. Applications were invited by the respondent-HSVP (Haryana Urban Development Authority as it was then) from personnel of the Defence and Paramilitary Forces for allotment of residential plots in Sector 6, Jhajjar in the month of August 2007. The petitioner submitted an application for allotment of plot in Sector 6, Jhajjar and was found successful. A letter of allotment bearing memo No.1262 dated 07th March 2008 was issued in favour of the petitioner pertaining to residential plot No.756-P, Sector-6, Jhajjar. The petitioner had never sought any concessional allotment or benefit of any reservation except for the said plot.

6. Pursuant to a complaint made by some RTI Activist with the officials of the respondents against illegal allotment in favour of the petitioner, a show cause notice was served upon the petitioner by the Estate Officer, HSVP Jhajjar on August 26, 2019 calling upon the petitioner to respond as to why allotment of the plot in favour of the petitioner be not cancelled. The petitioner filed his response raising various objections against the proposed action by the respondents. After consideration of the reply filed by the petitioner, the plot bearing No.756-P Sector 6, Jhajjar was cancelled by the Estate Officer, HSVP Jhajjar for having been secured by mis-declaration by submission of misleading and wrong affidavit. The allotment, being in violation of the eligibility criteria and eligibility conditions in the advertisement as well as the terms and conditions of the allotment, was cancelled vide memo No.2207 dated 20.11.2019.

7. Learned counsel for the petitioner contends that the subsequent appeal as well as the revision filed by the petitioner were also dismissed by the respective Authorities vide orders dated 28.05.2021 (Annexure P-16) and 12.07.2021 (Annexure P-18) respectively. The writ petition was thus filed raising a challenge to the said orders.

8. Learned counsel on behalf of the petitioner has argued that the plot in question has been cancelled without application of mind and notwithstanding that the petitioner had never availed of any benefit of concessional allotment under the reserved category except for the plot in question. He submitted that the earlier plot was purchased by the petitioner in t