- (1.) Challenge in the present writ petition is to the order of eviction passed under Sections 18 of the Haryana Urban Development Authority Act, 1977 (for short 'the Act'), as an unauthorized occupant. One Smt. Amarjit Kaur was allotted an Industrial Plot vide letter of allotment dated 29.11.1985 for setting up a manufacturing unit for Electric Lytic Capacitors. The said plot was re-allotted to Anoop Kumar Bansal-petitioner on 04.11.1992. After the plot was re-allotted to the petitioner, the project was changed to Ice Manufacturing Factory. Since the allottee failed to start the industrial activities, an order of resumption was passed by the Estate Officer on 16.10.2006 (Annexure P-1). The appeal against the said order was allowed on 16.4.2008(Annexure P-3), subject to the condition that the allottee will start production as per the approved project within three months and also deposit Rs. 5,00,000/- as penalty for the past misconduct and misuse. The relevant extract from the order is reproduced as under:- But it is also true that he misused the plot and has not produced any proof of production, therefore, in the interest of justice and fair play he is given one last opportunity and the resumption order is set aside with the condition that he shall start production as per the approved project within three months from the receipt of this order. For the past misconduct and misuse a penalty of Rs. 5.00 Lakhs is imposed which shall be deposited within 15 days from the receipt of this order. If the appellant fails to comply with the above directions, then the order of resumption will come into force without any notice to the appellant. This appeal is accepted accordingly.
(2.) The petitioner deposited the amount of penalty of Rs. 5,00,000/-, but did not start production as per the approved project i.e. Ice Manufacturing Factory. It is the assertion of the petitioner that the petitioner has got his unit registered with the District Industrial Centre for purpose of 'Atta Chakki'.
(3.) Since the petitioner failed to start production, notice under Section 18 of the Act was issued being an unauthorized occupant. An order of eviction was passed on 04.07.2011 (Annexure P-9). Appeal against the said order was dismissed on 12.01.2012 (Annexure P-11).;