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Judgment
VIKAS BAHL, J. (ORAL)
In the head note of the petition, following prayers have been made:-
“CIVIL WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA PRAYING FOR THE ISSUANCE OF A WRIT IN THE NATURE OF CERTIORARI FOR SETTING ASIDE THE IMPUGNED CANCELLATION ORDER DATED 02.08.2024, ANNEXURE P-9 PASSED BY THE RESPONDENT CORPORATION VIDE WHICH THE INDUSTRIAL PLOT NO. 435, SECTOR-53, PHASE-V, INDUSTRIAL ESTATE, KUNDLI, MEASURING 1012.50 SQ. METERS ALLOTTED TO THE PETITIONER VIDE REGULAR LETTER OF ALLOTMENT DATED 25.01.2024, ANNEXURE P-5, HAS BEEN WRONGLY & ARBITRARILY CANCELLED/ RESUMED BY THE RESPONDENT CORPORATION, IN UTTER VIOLATION OF LAW AND IN CONTRAVENTION OF ESTATE MANAGEMENT PROCEDURE (EMP), 2015. AND/OR FURTHER FOR ISSUANCE OF A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE INDUSTRIAL PLOT NO. 435, SECTOR-53, PHASE-V, INDUSTRIAL ESTATE, KUNDLI, MEASURING 1012.50 SQ. METERS TO THE PETITIONER AS THE PETITIONER IS READY TO DEPOSIT ALL THE PENDING DUES, AND WANTS TO IMPLEMENT THE PROJECT AFTER THE OFFER OF POSSESSION, ON THE GROUNDS DETAILED HEREUNDER. AND/OR ANY OTHER WRIT, ORDER OR DIRECTION WHICH THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE”
Learned counsel for the respondents-State has submitted that in the present case, the petitioner, who was successful bidder, was required to deposit 10% of the total plot cost within 7 days from the date of acceptance of bid by the answering respondents and thereafter, additional 15% of the total plot cost within 30 days from the issuance of the Regular Letter of Allotment (RLA) with a limited extension of 30 days on payment of penal interest at the rate of 15% per annum for the extended period. It is submitted that it was specifically stated that in the event, the allottee fails to deposit the 25% of the total plot cost within the prescribed time frame, the allotment shall automatically stand cancelled. It is submitted that the petitioner/allottee was mandatorily required to deposit an additional sum of Rs.90,66,937.50/- being 15% of the total cost of the plot for completing the statutory requirement of 25% of the total plot cost within a period of 30 days i.e., upto 25.02.2024 from the date of issuance of the Regular Letter of Allotment and that limited extension of 30 days i.e., upto 24.03.2024 could be given to the petitioner subject to the payment of penal interest at the rate of 15% per annum for the extended period. It is submitted that the petitioner failed to deposit the said amount of Rs.90,66,937.50/- and only deposited Rs.25,00,000/- on 22.03.2024 and thus, since the petitioner has violated the clauses of the allotment letter, the allotment automatically stood cancelled and subsequently, on 02.08.2024, a letter was issued by the respondent authorities communicating to the petitioner about the automatic cancellation.
Learned counsel for the petitioner has submitted that the petitioner was suffering from extreme hardship and had also informed the Managing Director, HSIIDC about the said hardship on 14.10.2024. It is submitted that by virtue of the impugned action, the respondents apart from not having allotted the plot to the petitioner, also forfeited 10% of the total plot cost i.e., Rs.60,44,625/-. It is submitted that the petitioner would limit his prayer to the return of the said amount in view of the exceptional hardship that he had faced. It is submitted that the petitioner would represent to the Managing Director, HSIIDC, giving details of the hardship which the petitioner had suffered during the relevant period and has submitted that the Managing Director, HSIIDC be directed to consider the said representation in a time bound manner and in case the pleas of the petitioner are found to be meritorious then necessary relief be also granted to the petitioner in accordance with law.
Learned counsel for the respondents-State has submitted that in case the petitioner is not pressing his claim for the allotment of plot then the said representation, on the limited prayer, would be considered in accordance with law by the Managing Director, HSIIDC.
Keeping in view the abovesaid facts and circumstances and limited prayer made before this Court, while rejecting the claim of the petitioner for allotment of plot in question as not pressed, the present writ petition is disposed of with the following observations/directions:-
It would be open to the petitioner to give representation to the Managing Director, HSIIDC within a period of three weeks from today giving the details of the hardship on account of which the payment was not made by the petitioner in accordance with the terms of the allotment. In the said representation, as has been stated before this Court, limited prayer that the petitioner would make is to return the amount which was forfeited by the respondent-authorities.
ii) In case any such representation, within the aforesaid period is made, the Managing Director, HSIIDC is directed to consider the said representation and pass a speaking order on the same within a period of three months from the date of receipt of the said representation and in case, the Managing Director, HSIIDC finds that the pleas raised by the petitioner are meritorious then necessary relief would be granted to the petitioner expeditiously, in accordance with law.