UMA NATH SINGH,J - (1.) HEARD learned counsel for parties and perused the record.
(2.) THIS judgment shall also dispose of connected C.W.P. No. 15836 of 2007. These writ petitions impugn a common question of law and for the purpose of their disposal only the facts of C.W.P. No. 12013 of 2007 are being mentioned. Admittedly, plot in question (No. 115, Sector 37-I, Gurgaon) measuring 450 square mtrs., was allotted to petitioner vide letter No. 2771 dated 19.12.2003. As per para 11 of counter affidavit, this is also admitted that the possession of plot was given to petitioner on 25.9.2006. However, as petitioner failed to submit building plans within stipulated period of three years after taking possession; building plans submitted after expiry of limitation on 17.8.2007 were rejected. On earlier date, after hearing learned counsel for parties, we passed a detailed order on 12.9.2008 as under : "Learned counsel for petitioner submitted that Annexures R-1 and R- 2, issued by Estate Officer, HUDA, Gurgaon, contain different addresses and even descriptions about different properties. Learned counsel for petitioner also submitted that he was not given possession of the land in question by HUDA till he himself went to its office to enquire about,, ;therefore, limitation period of three years for raising construction was to commence from the date when the petitioner had visited the office of HUDA and had been handed over the possession. Learned counsel for the petitioner went to the extent of submitting that if HUDA is able to establish that Annexure R-1 had been dispatched and received by the petitioner, he would not press this writ petition. On being asked, learned counsel for HUDA submitted that he is not in a position to show the mode of dispatch, of this letter and the original file of this case has not been made available to him. HUDA is directed to supply complete record of this case to learned counsel for final hearing, with some responsible official to assist the counsel. This matter is adjourned to 1.10.2008, for producing record and arguments."
(3.) IN the light of said order, we examined the register. During the course of further hearing, it also came to our notice that there is a specific provision as per Section 42 of Haryana Urban Development Act, 1977 (for short 'the Act') for service of notice and letters etc. This section on reproduction reads as under : 42. Service of notice etc. (1) All notices, all orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served - (a) where the person to be served is a company, if the document is addressed to the Secretary of the said company, at its registered office or at its principal office or place of business and is either - (i) sent by registered post, - (ii) delivered at the registered office or at the principal office or place of business of the said company; (b) where the person to be served is a partnership firm, if the document is addressed to the said partnership firm, at its principal place of business, identifying it by the name or style under which its business is carried on and is either - (i) sent by registered post;or (ii) delivered at the said place of business; (c) where the person to be served is a public body, or a Corporation or Society or other Body, if the document is addressed to the Secretary, treasurer or other head of office of that Body, Corporation or Society, at its principal office and is either - (i) sent by registered post; or (ii) delivered at the said office; (d) in any other case, if the document is addressed to the person to be served and - (i) is given or tendered to him; or (ii) is sent by registered post to the person; or (iii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within an urban area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates. (2) Any document which is required or authorized to be served on the owner or occupier of any land or building may be addressed "the owner or the occupier", as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served - (a) if the document so addressed is sent to be delivered in accordance with clause (b) of sub-Section (1); or (b) if the document so addressed, or a copy thereof so addressed, is delivered to any person on the land or building or where there is no person on the land or building to whom it can be delivered is affixed to some conspicuous part of the land or building. (3) where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any property, the Secretary may, by notice in writing, require the occupier, if any, of the property to state the name and address of the owner thereof. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor." ;