Arvind Singh Dhaliwal v. State Of Haryana And ORS
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(-,,= ₹27,000/- vide separate demand drafts dated 24.11.1981 and 23.04.1982 respectively, which amounted to the entire payment for the said plot. 2.2 Provisional registration of SSI Unit was issued on 18.09.1984 and the same was submitted to the respondents (Annexure P5). Building plans were submitted for approval on 14.02.1983. A request for extension of time was also submitted. Compliance of all conditions set out in the offer of allotment was made and the respondents were informed that no financial assistance was required by the petitioner for implementation of the project and the petitioner was looking for second hand machinery.
2.3 Various communications were made with the respondents with regard to the implementation schedule etc. (Annexure P7 to Annexure P9). Project report etc. was also submitted along with other documents (Annexure P10 to Annexure P12).
2.4 The respondents, however, continued to insist upon the fulfillment of conditions laid down in the offer of allotment vide letters dated 02.01.1984 and 25.07.1984 (Annexure P13 and Annexure P14).
2.5 The offer of allotment was withdrawn on 04.12.1990 (Annexure P15)(Colly). An appeal was preferred which was also dismissed on 29.07.1992 (Annexure P16). A representation was submitted to the respondents highlighting the grievances of the petitioner (Annexure P17 and Annexure P18). 2.6 A complaint under the Consumer Protection Act, 1986 was also preferred by the petitioner seeking restoration of the plot. The same was, however, was dismissed for non-prosecution on 01.06.2001 (Annexure P19).
2.7 A civil suit for permanent injunction was filed by the petitioner which stood dismissed vide judgment and decree dated 05.03.2009 (Annexure P20). 2.8 On 18.04.2013, the petitioner was informed that the order passed in appeal had been confirmed (Annexure P21).
2.9 The petitioner filed a revision petition under Section 30 (2) of the Haryana Urban Development Authority Act, 1977 (now Haryana Shehri Vikas Pradhikaran Act, 1977) but the same also came to be dismissed on 06.04.2017 (Annexure P-23).
2.10 The petitioner claims that despite the entire cost of the disputed plot having been deposited and construction having been raised, the respondents had acted in an illegal and arbitrary manner.
3.
The writ petition has been opposed by the respondents. In the written statement filed by respondent No.5 (since the disputed plot is now under the management of respondent No.5-Haryana State Industrial and Infrastructure Development Corporation Ltd.), the stand taken is that the petitioner did not complete the formalities as laid down in the offer of allotment but instead, vide letter dated 09.08.1982, requested for extension of time to complete the formalities. Three months extension was granted vide letter dated 13.08.1982 (Annexure R2). However, the petitioner failed to complete the formalities and did not inform about the details with regard to financing of the project. Consequently, letter dated 18.10.1983 was issued to the petitioner advising him to complete the formalities within one month failing which the offer would be withdrawn (Annexure R3).
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