Haryana Shehri Vikas Pradhikaran vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1035

ARUN PALLI, VIKRAM AGGARWAL
Haryana Shehri Vikas Pradhikaran – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Deepak Sabherwal, Advocate; For the Petitioner
None for Respondent No.1.
Respondent No.2 proceeded against ex parte vide order dated 11.10.2023

JUDGMENT

Vikram Aggarwal, J.

The petitioner-Haryana Shehri Vikas Pradhikaran (for short "the HSVP") has filed the present writ petition seeking quashing of the order dated 04.01.2018 (Annexure P-9) passed by respondent No.1, vide which resumption proceedings were set aside.

2. A booth site bearing No.21-P, Sector-10, Panchkula (hereinafter referred to as "the disputed booth") was allotted to one Darshan Singh (respondent No.2) (hereinafter referred to as "respondent No.2-allottee") for a total sale consideration of Rs. 12,50,000/-, vide letter of allotment dated 07.04.1998 (Annexure P-1). Possession was delivered on 30.06.1998 (Annexure P-2). As per the letter of allotment, after payment of 25% of the premium, the balance amount of Rs. 9,37,500/- was payable either in lumpsum or in 10 half yearly installments, as per the schedule laid down in the letter of allotment. The lumpsum payment, if made, was to be interest free, whereas the amount of installments which started from 06.10.1998 and went upto 06.04.2003, was specified in the letter of allotment.

2(ii) Admittedly, respondent No.2-allottee paid only 25% of the premium and did not pay the installments as per the schedule. Only so

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