K.T. Thomas, J. - (1.) Petitioner who virtually purchased a litigation has now reached the Supreme Court seeking special leave to appeal against a judgment by which the High Court of Punjab and Haryana has dismissed a Second Appeal. The suit was filed by M/s. York Printers and during its pendency the present Petitioner bought the rights which the original Plaintiff had in the subject -matter of the suit for a consideration of Rupees Forty thousand. Petitioner got himself impleaded as additional Plaintiff and from then on it was the Petitioner was fought the litigation, as the original Plaintiff has vacated from the scene. M/s. York Printers filed the suit on the following facts: On 28.7.1977 a plot of land admeasuring approximately 450 sq. metres has been allotted to M/s York Printers (which will hereinafter be referred to as the allottee) as per a letter of allotment issued by Haryana State Industrial Development Corporation Limited ('Corporation' for short). The said plot is situated within the industrial complex at Dundhahere in Gurgaon District (Haryana). The price for such allotment was tentatively fixed as Rs. 13,455/ - and the allottee was put in possession thereof. On completion of remittance of the entire amount payable by the allottee a registered Deed of conveyance was executed on 10.12.1982 by the Corporation in favour of the allottee. In fact the said plot was transferred by Haryana Urban Development Authority (HUDA - its acronym) in favour of the Corporation for facilitating the objects and purposes of Haryana Urban Development (Disposal of Land and Buildings) Regulation 1978.
(2.) As the allottee failed to establish the industrial unit till the end of 1983 a notice was issued by the Corporation on 6.1.1984 calling upon the allottee to show cause why the plot should not be resumed. In the reply which allottee sent to the Corporation certain reasons were highlighted for showing why it could not complete construction of the building for the proposed industrial unit. But the Corporation was not satisfied with the reply and hence on 163.1984 the Corporation resumed the plot.
(3.) The allottee thereafter made representation to the Corporation for revocation of the resumption order. According to the allottee the construction work was actually commenced but its progress was hampered on account of power supply not being made available by Haryana State Electricity Board for more than two years, besides the difficulty regarding availability of water. However, the Corporation was unwilling to revoke the resumption order and hence the representations nude by the allottee were rejected.;