AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Suresh Chander – Appellant
Versus
Haryana Shahri Vikas Pradhikaran – Respondent
JUDGMENT
Mr. Vikram Aggarwal, J.
Challenge in the present writ petition is to the order dated 12.12.2017 (Annexure P-10), vide which plot No.184, Urban Estate, Sector-3 Hisar (hereinafter referred to as 'the plot') was resumed, order dated 29.06.2022 (Annexure P-15) vide which appeal against the resumption order was dismissed and order dated 27.12.2022 (Annexure P-17) vide which the revision preferred by the petitioner against the order passed by the Appellate Authority was dismissed.
2. The pleaded case of the petitioner is that the plot was initially allotted to one Virender Gupta vide allotment letter dated 04.08.2009 (Annexure P-1). The total tentative cost was Rs. 11,27,304/- @ Rs. 6800/- per square meter. 10% of the amount was to be initially deposited and 15% was to be deposited within 30 days. The balance 75% was to be deposited either in lump sum or in six annual installments. The plot was purchased by the petitioner and re-allotment letter dated 19.11.2009 (Annexure P-2) was issued. The petitioner was supposed to pay six annual installments of Rs. 1,40,913/- each w.e.f 04.08.2010 to 04.08.2015. The petitioner deposited Rs. 1,41,000/- on 20.10.2010. In 2011, enhanced cost @
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....
Resumption of property must be justified with clear reasoning and due process; it should be a last resort after all recovery efforts fail.
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
The revisional authority cannot restore a booth site after resumption proceedings have become final, particularly in cases involving chronic defaulters.
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