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AUGUSTINE GEORGE MASIH, SANJIV BERRY
Haryana Shehri Vikas Pradhikaran, Panchkula – Appellant
Versus
Vipan Kumar Jain (Since Deceased) through LRs – Respondent
JUDGMENT
Mr. Augustine George Masih, J.
This writ petition has been preferred challenging the order dated 01.03.2005 (Annexure P-12) passed by the Administrator, Haryana Urban Development Authority now Haryana Shahri Vikas Pradhikaran (hereinafter referred to as 'HSVP'), whereby the appeal preferred by the respondents against the order dated 05.04.2002 (Annexure P-10) passed by the Estate Officer, HUDA, Panchkula, ordering resumption and forfeiture of 10% consideration amount plus other dues payable up to the date of resumption relating to Shop-cum-Office (SCO) No.7-P, Sector 5, Panchkula, has been set aside and thereafter the challenge thereto by the petitioner before the Revisional Authority i.e. the Additional Chief Secretary to Government of Haryana, Town and Country Planning and Urban Estate Department, has been rejected vide order dated 28.06.2016 (Annexure P-21).
2. Briefly the facts are that an open auction was conducted by HSVP, Panchkula-petitioner herein on 24.03.1995 of commercial site of Sector 5, Panchkula, which according to the petitioner was a developed market. Respondents being the highest bidder relating to SCO No.7-P, Sector 5, Panchkula, was declared successful.
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
Resumption of property must be justified with clear reasoning and due process; it should be a last resort after all recovery efforts fail.
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