Back
G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Shanti Lal Sethia – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harpreet Kaur Jeewan, J.
CM-12736-CWP-2023
This application has been filed for fixing actual date of hearing in the main case, which is on regular Board at serial No. 399.
In view of the averments made in the application, the same is allowed. Hearing of the main case is pre-poned to today itself.
CWP-7144-2003 (O&M)
The present petition has been filed under Article 226/227 of the Constitution of India for quashing communications and orders Annexures P-6, P-15, P-16, P-27, P-29, P-35 and P-36 and seeking a writ in the nature of 'mandamus' directing the Estate Officer, Haryana Urban Development Authority (respondent No. 3) to issue a transfer letter in favour of the petitioner in respect of Plot No. 410, Industrial Area Phase-I, Panchkula (Haryana).
2. The petitioner has challenged the letter, dated 18.12.1995 (Annexure P-6) issued by the Project Manager, District Industries Centre, Panchkula, to the Estate Officer (respondent No. 3), whereby apart from seeking a guarantee, the transfer of the plot was ordered to be allowed subject to the condition that building be completed by 30.06.1996 and further a guarantee was sought and condition was put to start production before 31.12
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.
The revisional authority cannot restore a booth site after resumption proceedings have become final, particularly in cases involving chronic defaulters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
