- (1.) M/s Shiva Dairy & Oil Mills, a partnership firm having Rabinder Nath, his wife Satyawati, son Rahul and daughter in law Kiran Kakkar as partners, applied for and was allotted Industrial Plot No. 306, Industrial Area, Phase-II, Panchkula, measuring 1000 Sq. mtrs., on free-hold basis vide letter of allotment dated July 25, 1984 (Annexure P11) and possession thereof was delivered to the firm on September 19, 1984 (Annexure P12). Letter of allotment (Annexure P11), inter alia, required the allottee to complete construction over the allotted plot within two years of the date of offer of possession, after getting the building plan sanctioned from the competent authority. It being an industrial plot, having been allotted at a concessional price, allottee was also expected to commence production within a reasonable time. However, the allottee failed to erect the building and commence production within the time allowed for the purpose which led to issuance of a show cause notice dated August 26, 2003 under subsection (4) of Section 17 of the Haryana Urban Development Act, 1977 (for short, the Act) and was afforded an opportunity of personal hearing vide memorandum dated January 06, 2004. One Rakesh Sarna, claiming himself to be attorney of the allottee appeared before the Estate Officer and submitted a written reply. Estate Officer, on perusal of the reply and a report submitted by a Junior Engineer of Haryana Urban Development Authority (HUDA, for short), found that the allottee had failed to erect the building and to commence the production inspite of grant of ample opportunities and, accordingly, vide order dated February 25, 2004 (Annexure P1) resumed the plot besides forfeiting 10% of the consideration money and other dues payable till the date of such resumption. Appeal brought by the allottee against order dated February 25, 2004 was dismissed by the appellate authority vide order dated January 11, 2008 (Annexure P2). During pendency of the appeal the present petitioners were impleaded as legal heirs of Satya Wati who had filed the appeal claiming herself to be the sole proprietor of the firm after its dissolution pursuant to the death of Rabinder Nath.
(2.) Order dated January 01, 2008 (Annexure P2) was assailed by the petitioners before Principal Secretary to Government of Haryana, Department of Town and Country Planning and Urban Estates (the revisional authority) under sub-section (2) of Section 30 of the Act, which came to be dismissed vide order dated April 15, 2014 (Annexure P3) on three counts, namely (i) it was barred by time having been filed after a delay of one year and three months that too without an application for condonation of delay; (ii) the plot was allotted to a partnership firm, i.e. M/s Shiva Dairy & Oil Mills and the petitioners could not show how they stepped into the shoes of the firm and it was an act of the petitioners to 'appropriate' the plot to the exclusion of the legal heirs of the partners of the firm; and (iii) the allottee had failed to erect building over the allotted plot and to commence production even after twenty long years from the date of allotment and delivery of possession of the plot to it.
(3.) Petitioners have now invoked, by way of this petition, provisions of Article 226 of the Constitution of India and pray that writ in the nature of Certiorari, quashing order dated April 15, 2014 (Annexure P3), order dated January 01, 2008 (Annexure P2) and order dated February 25, 2004 (Annexure P1), may be issued.;