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VIKRAM AGGARWAL, AUGUSTINE GEORGE MASIH
Suman – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikram Aggarwal, J.
This judgment shall decide two writ petitions, the first one filed by the allottees seeking implementation of the order dated 10.10.2018 passed by the Principal Secretary to Government of Haryana, Town & Country Planning Department and the second one challenging the same. The facts are being taken from the second writ petition titled as 'The Administrator HSVP, Gurugram and Another v. State of Haryana and others.
2. Vide allotment letter dated 17.03.2008, SCO 98, Sector 9-A, Gurugram, measuring 137 sq. meters (hereinafter referred to as 'the SCO') was allotted to one Bhupinder Gahlot for a total consideration of Rs. 1,43,00,000/- being the highest bidder. The SCO was transferred in the name of respondents No.2 and 3 (petitioners in the first writ petition) vide reallotment letter dated 29.08.2008 (Annexure P-2). As per the same, respondents No.2 and 3 were to pay the balance sale consideration of Rs. 1,07,25,000/- alongwith interest at the rate of 9% per annum. In case of lumpsum payment, no interest was to be charged. Only a sum of Rs.23 lakhs was paid by the respondents No.2 and 3 in the year 2011 after which, no further amount was paid. Proceedings un
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.
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
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