Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to the order dated 09.07.1991 (Annexure P -7), whereby the petitioner was communicated that for the failure to deposit the amount within specified period, the provisional allotment letter stands cancelled and the order dated 29.10.1992 (Annexure P -8), whereby appeal against the said order was dismissed.
(2.) THE petitioner was allotted Industrial Plot No. 24 measuring 1000 Sq. meters in Phase -II, Panchkula on 28.05.1990. Before allotment, the petitioner had deposited 10% of the tentative price. In terms of the letter of allotment, a sum of Rs. 108367.50 was payable towards 25% of the cost of the plot. Balance 75% was payable in six equal annual installments with interest at the rate of 10% per annum. Apart from the said fact, the petitioner was also required to comply with the following conditions: - (i) Please get the drawings of your unit prepared from the Architect registered with HUDA and submit the same to the Estate Officer, HUDA, Panchkula. Copy of the zoning plan/regulations may be obtained from the C.T.., HUDA. (ii) Simultaneously, please get the loan required to meet the cost of land, building and machinery sanctioned from the Haryana Financial Corporation/schedule bank or any other financial institution. (iii) Please get the unit registered with the General Manager of the District Industries Centre concerned in the case of small scale unit or in the case of the large or medium scale unit, you should get Director General Technical Development, Government of India registration or letter of intent (in case of NRI's/POIO the SSI Registration can be done at IAG office, Directorate of Industries 30 Bays Building, Sector 17, Chandigarh. (iv) You may apply to Haryana State Electricity Board for release of an electric connection to the proposed unit. (v) You may supply to this office a list of plant and machinery to be installed in the unit for scrutiny. Orders for supply of at least 50% of the machinery should be placed. (vi) It is also made clear that this letter will not give you any legal right for allotment unless the final allotment letter is issued. In terms of the said allotment letter, the petitioner deposited a sum of Rs. 20,000/ - on 27.06.1990. Another sum of Rs. 90,000/ - is said to have deposited on 23.07.1990. On 23.08.1990, the petitioner sought possession of the plot. On 25.10.1990, symbolic possession of the plot was delivered to the petitioner by Junior Engineer of the Haryana Urban Development Authority. On 08.11.1990, permission was granted to the petitioner for erection of a building on the plot allotted, subject to the condition mentioned therein. The petitioner also got registered with the Directorate of Industries on 20.11.1990.
(3.) IT was on 23.11.1990, the petitioner sought physical possession of the plot to start construction. In response to the said communication, it was found that the petitioner has not deposited the amount of Rs. 108367.50 within 30 days from the issue of provisional letter of allotment. Consequently, provisional letter of allotment was cancelled.;