- (1.) The present writ petition has been filed by the petitioner whereby he has challenged the order of respondent no.1 dated 26.10.2010 wherein the order passed by respondent no.2 issuing directions that the order dated 17.2.2003 withdrawing the offer of allotment of the plot was set aside and the Estate Officer, Haryana Urban Development Authority, Panchkula (hereinafter referred to as "HUDA") was directed to issue regular allotment letter in the name of the applicant as per conditions of letter of intent dated 16.2.1982.
(2.) The present case is a case having a chequered history involving the turmoil of a Non Resident Indian spread over more than a quarter of century. The facts of the case reveal that the petitioner who is an overseas citizen of India and is resident of USA had applied for an industrial plot of a size of 1000 sq. meters in the urban area of Panchkula on 25.9.1981 in the prescribed form and deposited 25% US$1550 allongwith his affidavit and photocopy of the passport. As per application of the petitioner, he proposed to establish an industrial unit concerning manufacture of auto electrical and/or electronic equipment and he had a Masters degree in Business Administration from the George Washington University, DC alongwith experience of D.G.S.& D, Ministry of Supply, New Delhi from 1958-63 and Indian Supply Mission, Washington, DC from 1968-71. In the application, petitioner had also mentioned that his two sons were completing their engineering degrees. The said amount of 25% was accepted by the Chief Administrator, HUDA and a copy thereof was also sent by the Chief Administrator to Chief Coordinator, Industrial Assistance Group, care of the Director of Industries, Haryana vide letter dated 3.11.1981 and accordingly plot measuring 1000 sq. Meters in the Industrial Estate, Panchkula was earmarked for the petitioner vide letter dated 16.2.1982 with certain conditions like getting the unit registered with the General Manager, District Industries Centre, sending of implementation schedule, drawing of unit prepared from a qualified Architect, approaching to the Haryana Financial Corporation or scheduled bank for sanction of loan and supplying the complete list of plant and machinery to be installed and in case the said offer was acceptable the balance amount of total, 25% of the tentative price had to be deposited within 30 days from the issue of letter. The formalities were to be completed within a period of six months. It was also mentioned that the exercise was in mutual interest and whole hearted cooperation was expected. Copies of the said letter were sent to the General Manager, District Industries Centre, Ambala, the Managing Director, Haryana Financial Corporation, Chandigarh, the Estate Officer, Panchkula and the Chief Coordinator, Industrial Assistance Group, care of Director of Industries, Chandigarh.
(3.) In furtherance of the letter dated 16.2.1982, the Chief Administrator, HUDA issued a letter dated 8.4.1982 whereby it was intimated that plot No.340 had been earmarked in Panchkula Industrial Estate measuring 21X50 (tentative) 1000 sq. Mtrs. and on 13.8.1984, the Estate Officer, HUDA, Panchkula approved the building plan on the said plot and the construction of the building was to be done within two years. On 17.9.1984, the Chief Administrator, HUDA while replying to the letter of the petitioner dated 24.8.1984 regarding the issuance of necessary regular allotment letter observed that the condition of financing the project had not been met and in case financial assistance was not required, an undertaking may be given regarding having sufficient funds. This was replied to by the petitioner on 18.4.1985 that he had sufficient resources to set up and finance the proposed unit and he requested for issuance of a regular allotment letter in his favour so that he could proceed further in the matter. That on 10.6.1985, the Deputy Economic Statistical Advisor of the office of the Chief Administrator, HUDA sent the file of the petitioner to the Estate Officer, HUDA, Panchkula for issuance of allotment letter with a request that letter of allotment be issued under intimation to this office and the amount received as earnest money should come to at least 25% of the plot price and the payment should be made in foreign exchange. The original file of the applicant alongwith relevant record was transferred to the office since the future action was to be taken by the Estate Officer, HUDA, Panchkula. That thereafter, the said file was never traced and as per the case of the petitioner, he kept on visiting the office of Estate Officer, HUDA, Panchkula but the file could not be traced.;