VIJENDER JAIN, J. - (1.) THE petitioner has assailed the orders dated 27.4.1993 (Annexure P-2) and dated 27.12.2001 (Annexure P-5) by way of the present writ petition.
(2.) THE petitioner, who was allotted Booth Site No. 30, Sector 7, Panchkula, was required to make deposit of the price as per the stipulations incorporated in allotment letter dated 3.10.1987 (Annexure P-1). However, he failed to do so despite the last date for deposit of instalments had expired on 5.10.1992. Accordingly, proceedings under Section 17(1) to (4) of the Haryana Urban Development Authority Act, 1977 (for short 'the Act') were initiated against the petitioner and vide order dated 27.4.1993 (Annexure P-2), the site in question was resumed along with forfeiture of 10% of the money deposited by him. He filed an appeal against the said order on 28.9.2001. The reason for this inordinate delay is that the petitioner had taken recourse to the filing of the suit which culminated in the filing of the Regular Second Appeal wherein it dawned on him that the proper course would have been to file an appeal against the order of resumption upon which he withdrew the Regular Second Appeal and challenged the said order. Thereafter in appeal before the competent authority also, neither the petitioner nor his counsel appeared and consequently, the same was dismissed on both counts, i.e. of delay as well as on merits. Learned counsel for the petitioner contended that the petitioner had been making payment of instalments up to the year 2000 when he came to know that the order of resumption had been passed in the year 1993 and, therefore, took recourse to the filing of the civil suit. In para 6 of the writ petition, he has given the details of the payments which reflected that after 1988, he deposited instalments on 10.4.1995 and onwards, i.e., much after the site had been resumed in 1993. He further contended that since the petitioner had been making payment of the instalments at least up to the year 2000, the order of resumption was bad and also that the authorities concerned were demanding interest at the rate of 18% which dissuaded him from making the deposit and the matter regarding the payment of interest has been settled in Roochira Ceramics v. Haryana Urban Development Authority and others, 2001(2) RCR(Civil) 617 : 2001(1) PLJ 109 and a number of other judgments, wherein it has been held that the Haryana Urban Development Authority, at best, can impost (impose ?) 10% interest on the payment of delayed instalments.
(3.) LEARNED counsel for respondent Nos. 2 and 3 opposed the prayer of the learned counsel for the petitioner and sought dismissal of the writ petition.;