- (1.) The challenge in the present writ petition is to order of resumption dated 14.12.1988 passed by the Estate Officer, HUDA; order dated 23.4.1996 passed by the Administrator as an Appellate Authority and the order dated 3.12.2013 passed by the Principal Secretary, Town and Country Planning Department, Government of Haryana, upholding the resumption order. The petitioners herein are the legal heirs of late Devi Lal, who was purchaser of Plot No. 49-CC-III, Mandi Township, Fatehabad, in an auction hold on 14.12.1977 for a sum of Rs. 30,200/-. 25% of the total cost was required to be deposited at the time of allotment. Balance payment was to be made in six half yearly installments. Late Devi Lal deposited 25% of the total costs at the time of allotment and paid the amount of 1st, 2nd and 3rd installments falling due in the months of December 1979, June 1980 and December 1980 as well. However, on account of financial constraint, Devi Lal could not deposit the balance amount, as per the petitioners herein, as he was taken seriously ill with cancer and required the money for his treatment. The Estate Officer passed the order of resumption on 14.12.1988 for nonpayment of the last three installments. An appeal was preferred by Devi Lal before the Administrator, HUDA in the year 1996 stating that because of the financial constraints, the remaining installments could not be deposited. The appeal was dismissed on the grounds of delay and laches. In the meantime, Devi Lal died on 18.6.2001 after a prolonged illness. The petitioners came to know about the orders of the respondents authorities when physical possession of the said plot was forcibly sought in the year 2006.
(2.) In a revision before the State Government, the petitioners pleaded that Devi Lal had expired and that the widow and children had no knowledge at all about the pendency of the resumption proceedings. It was argued that on account of floods in the area and on account of illness, there was a financial constraint in making payments. However, they were ready and willing to pay the outstanding amount towards the plot. The revision petition was dismissed on 3.12.2013.
(3.) Aggrieved by the orders of resumption and the subsequent orders passed, the present writ petition has been filed, inter alia, pleading that the petitioners are in possession of a plot and that it was only on account of great financial constraints that the amount could not be deposited. It was pleaded that Devi Lal, the original allottee and husband and father of the petitioners, suffered from cancer and money was spent on his treatment. It was also pleaded that the respondent authorities have restored plots in similar manner to others.;