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ARUN PALLI, VIKRAM AGGARWAL
DRS Plastchem Private Limited – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikram Aggarwal, J.
Industrial Plot No.483 situated in Phase/Block/Sector-8, Industrial Estate IMT-Manesar (hereinafter to be referred to as the "disputed plot") was purchased by the petitioner from its original allottee M/s Sunbeam Construction Private Limited, pursuant to which re-allotment letter dated 01.07.2011 (Annexure P-1) was issued in favour of the petitioner. Agreement dated 22.06.2011, as is evident from the re-allotment letter, was also executed. The disputed plot was however resumed vide order dated 13.03.2020 (Annexure P-2), on account of non-payment of enhanced costs of Rs. 1 crore (approximately), the details of which were given in the resumption order. The appeal against the said order was dismissed on 10.01.2023 (Annexure P-9).
2. In between the petitioner had twice approached this Court. The first writ petition that had been filed was CWP-14304-2022, wherein the petitioner had sought stay of the resumption order during the pendency of the appeal. The said writ petition was disposed of on 08.07.2022 (Annexure P-6), giving liberty to file an appeal before the correct authority upon a statement having been made by the State counsel that the appeal had been
Litigants must approach the court with clean hands and full disclosure; failure to do so constitutes an abuse of process, justifying dismissal of the petition.
Suppression of material facts disentitles a party to invoke equitable jurisdiction under Article 226 of the Constitution of India.
The main legal point established in the judgment is the importance of approaching the court with clean hands and the consequences of suppression of material facts.
Petitioners' failure to disclose material facts and misleading statements led to the dismissal of the writ petition, demonstrating the necessity of 'clean hands' in equitable relief.
It is bounden duty of court to uphold truth and do justice.
A party invoking writ jurisdiction must disclose all material facts honestly, as suppression and falsehood invalidate claims for equitable relief.
Concealment of material facts in legal proceedings undermines judicial integrity, leading to dismissal of petitions.
Resumption of property must be justified with clear reasoning and due process; it should be a last resort after all recovery efforts fail.
The main legal point established in the judgment is that defaulting allottees cannot deny the validity of the binding effect of the terms and conditions of re-allotment after enjoying its benefits fo....
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