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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Rajesh Garg – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background of petitioners' cases (Para 2 , 3 , 4) |
| 2. arguments regarding payment delays and medical conditions (Para 5 , 6 , 7) |
| 3. court's analysis of legal provisions and facts (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. ratio decidendi related to the dismissal of other petitions (Para 20 , 21) |
| 5. conclusion and orders regarding the petitions (Para 22 , 23 , 24 , 25) |
JUDGMENT
Harpreet Kaur Jeewan, J.
A common question for decision is involved in the aforesaid three writ petitions as to whether the impugned orders, Annexure P-6 passed by the Additional Chief Secretary to the Government of Haryana, Town and Country Planning Department, Chandigarh (respondent No. 2), allowing the revision petition of the Haryana Shehri Vikas Pradhikaran through District Attorney, HSVP, Panchkula (respondent No. 5), thereby setting aside the order passed in appeal and restoring the resumption order is justified or not? As such, these petitions, i.e. CWPs- 24360, 12376 and 12129 of 2022, are taken up together for discussion and disposal, vide this common judgment.
Facts of CWP-24360-2022
2. As per the facts of the lead case, i.e. CWP-24360-2022, Plot No. 2772-P
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
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 court established that procedural errors and good faith efforts to fulfill conditions can mitigate penalties in industrial allotment cases.
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