V.P. PRASHER Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) ON 18.2.1998, the petitioner applied for a plot measuring 10 marlas in Sector 2, Faridabad and deposited 10% amount as earnest money in terms of the advertisement and brochure issued by the Haryana Urban Development Authority (hereinafter referred to as 'the HUDA'). The petitioner was allotted plot bearing No. 2382 in Sector 2, Faridabad vide allotment letter dated 18.11.1998 (Annexure P-3). The tentative price of the said plot was fixed at Rs. 5.50 lacs. On receipt of the said allotment letter, the petitioner paid Rs. 82,500/- being 15% amount of the tentative price on 17.12.1998. Thus petitioner paid 25% amount. As per the aforesaid allotment letter, the remaining 75% amount was to be paid by the petitioner in lump sum without interest within 60 days from the date of the allotment letter or in six annual instalments. According to Clause 7 of the allotment letter, possession of the plot was to be offered to the petitioner on completion of development work in the area. The petitioner paid first instalment of Rs. 68,750/- on 2.12.1999 and the second instalment of the same amount on 18.12.2000. The respondents were required to develop the area immediately within a reasonable time and to hand over possession of the plot to the petitioner after development. The respondents did not initiate any development work in the area. Since the petitioner purchased the plot for residential purpose and wanted to construct his house immediately, he wrote to the respondents to know the exact statues of the development work being carried out in Sector 2, Faridabad, but the petitioner did not receive any communication from the respondents.

(2.) WHEN possession of the plot allotted to the petitioner was not offered to him even after the passage of more than three years, he issued a legal notice dated 21.8.2001 (Annexure P4) for surrender of the plot in question and for refund of the entire amount deposited by him qua the said plot alongwith interest @ 18% per annum. In response to the said notice, the respondents demanded an amount of Rs. 92,895/- on account of enhanced compensation. The petitioner did not make the said payment as the respondents were not carrying any development work in the area and due to which possession of the plot was not delivered to him and filed the instant writ petition for surrender of the plot in question and for refund of the entire amount deposited by him with interest @ 18% per annum.

(3.) IN the replication, the petitioner has controverted the facts as stated by the respondents in the written statement to the effect that some development work has taken place in the area.