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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Anil Bansal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner prays for the quashing/setting aside the order dated 08.09.2017 (Annexure P-21) passed by respondent No.5-EO; minutes of meeting dated 14.01.2019 (Annexure P-23), besides the allotment letter dated 08.03.2019 (Annexure P-25) issued to the petitioner to the extent that the allotment price of the plot is being charged at the current price instead of the price mentioned in the Letter of Intent dated 22.03.2000 (Annexure P-2), as also the consequential cancellation order dated 06.07.2019 (Annexure P-30) passed by respondent No.5-EO. The petitioner has further, prayed for a writ of mandamus directing the respondents to issue allotment of the plot to the petitioner on the price, mentioned in the Letter of Intent dated 22.03.2000 (Annexure P-2).
Factual Background
2. In June 1999, the respondent-State of Haryana issued an advertisement inviting application for allotment of various hospital sites located at Gurugram (then Gurgaon), Faridabad and Panchkula. The site at Gurugram measured 10 acres and the tentative allotment price of the plot was mentioned as Rs.10,03,81,600/-. It was also mentioned therein that the
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 acceptance of a new allotment at current rates precludes a claim for the original premium based on alleged non-receipt of a demand letter.
(1) Revision Petition can be re-instated if it has been withdrawn in exchange of an offer of settlement.(2) Mere possession on paper does not translate into actual possession.(3) A court-mandated all....
A party cannot benefit from its own default; the court upheld the cancellation of allotment due to non-payment of dues.
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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