(Ranjan Gogoi and R. Banumathi, JJ.)
Parvinder Singh ____________________________________ Appellant;
v.
HUDA and Others ______________________________ Respondent(s).
Civil Appeal No(s). 768/2018 [Arising out of SLP(C) No(s). 1768/2015], decided on January 22, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We have Heard the learned counsels for the parties.
3. The challenge in the appeal is to an order of the High Court dated 19.11.2014 by which the cancellation of the allotment made to the appellant by the Haryana Urban Development Authority (HUDA) has been affirmed by the High Court and the writ petition filed by the appellant has been dismissed.
4. The allotment in question is of a small area of about 6 marlas (150 sq.yds.) for housing purposes in Sector 6 of Rohtak, Haryana.
5. The cancellation was made on the ground that the appellant had failed to pay the initial deposit of 15% within the stipulated time. The explanation offered by the appellant is that he was under the belief that he is not required to make any deposit in view of pendency of certain proceedings before this Court and the interim orders passed therein. The said explanation was rejected by the High Court by the order under challenge.
6. Having considered the matter and taking into account the explanation offered by the appellant for the delay in deposit of initial amount, we are of the view that, in the facts of the present case, the plot which is stated to be still available be allotted to the appellant at the rate of Rs. 19,000/- per sq. mtr. in terms of Memo No. HUDA-CCF-AO-I-Acctt-I-2017/73785 dated 26.04.2017.
7. The appellant would not be required to pay any enhancement/extension fee in the peculiar facts of the case. The allotment will be made subject to the entire amount being paid by the appellant within a period of four months from today.
8. Appeal is allowed in the above terms. Order of the High Court, consequently, is set aside.
Petition(s) for Special Leave to Appeal (C) No(s). 1768/2015
Parvinder Singh _____________________________________ Petitioner
v.
HUDA & Ors ___________________________________ Respondent(s)
Date : 22-01-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Ms. S. Janani, AOR
Ms. Shruti Bist, Adv.
Mr. Vatsal, Adv.
For Respondent(s) Mr. Ajay Bansal, AAG
Mr. Sanjay Kumar Visen, AOR
Ms. Veena Bansal, Adv.
Mr. Dheeraj Gupta, Adv.
Mr. Gaurav Yadava, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is allowed in terms of the signed order.
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