- (1.) Challenge in the present writ petition is to an order dated 11.7.2014 (Annexure P-9), passed by the Addl. Chief Secretary to Government of Haryana Town and Country Planning and Urban Estate Department, Haryana (Appeals) exercising the powers of the revisional authority in terms of Section 17(9) of Haryana Urban Development Authority Act, 1977 (for short 'Act') in respect of booth No.101, Part-A, MIE, Bahadurgarh. It was on 28.02.1997, Sanjay Kumar was the successful bidder of commercial booth No.101, Part-A, MIE, Bahadurgarh. The respondents issued letter of allotment of the said booth to the petitioner on 06.06.1997 as a transferee of Sanjay Kumar. An order of resumption of the booth was passed on 21.09.2001, for the reason that the petitioner had to make payment of the balance of the payment of 25% of the amount of the auction price. An appeal against such order was allowed by the Administrator, Rohtak on 21.08.2007.
(2.) The operative part of the order reads as under: " The booth in question is constructed one and in the case of resumption it will create embracing position. Because the appellant has spend money on the construction of the booth. Therefore, the resumption order of the booth is not justified on the principle of natural justice. Keeping in view the above facts, I find force in the appeal of the appellant and the same is hereby accepted subject to the condition that the appellant will deposit the whole outstanding amount with interest and penalty within two months from the passing of this order, failing which the resumption order of the Estate Officer, would come into force automatically."
(3.) Instead of depositing any amount, in terms of the liberty granted, the petitioner invoked the jurisdiction of the District Consumer Disputes Redressal Forum on 08.04.2008. Such petition was allowed on 17.02.2009, wherein, the petitioner was directed to deposit the entire amount within one month, in compliance of the order passed by the Administrator, HUDA in the appeal. The respondents were also directed to further honour, the order passed by the Chief Administrator, HUDA, after depositing the amount by the complainant.;