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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Shanti Lal Sethia – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition filed under article 226 for plot transfer. (Para 1 , 2) |
| 2. petitioner's case regarding the plot's transfer. (Para 3) |
| 3. petitioner's compliance issues with various orders. (Para 4) |
| 4. petitioner's argument on non-approval of site plan causing inability to comply. (Para 5) |
| 5. court considers parties' submissions. (Para 6) |
| 6. petitioner's lack of legal standing discussed. (Para 7 , 8) |
| 7. failure of petitioner to show required documentation. (Para 9) |
| 8. procedural compliance before resumption order. (Para 10 , 11) |
| 9. court reaffirms resumption order and petitioner's non-compliance. (Para 12 , 13 , 14 , 15) |
| 10. review of prior compliance conditions and failure thereof. (Para 16) |
| 11. petitioner's lack of construction compliance. (Para 17 , 18) |
| 12. final decision on lack of legal rights. (Para 19) |
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 226/22
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.
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