Vishan Devi vs State of Haryana

K.P. Bhandari, J. (Oral)

The petitioner in this writ petition has challenged the show cause notice dated 26.7.1999. Annexure P2, issued by respondent No. 2 wherein it has been pointed out by the Estate Officer that the petitioner has failed to pay the allotment price of the plot amounting to Rs. 4108.80 and therefore by virtue of the provisions of Section 17(1) of the Haryana Urban Development Authority Act, 1977 the petitioner was called upon to pay a penalty of Rs. 410/.

The State has filed its written statement through Shri M.S. Rathee, Chief Administrator, Haryana Urban Development Authority, Chandigarh.

Although the order, Annexure P2, seems to be provisional but the authorities concerned without applying its mind fixed the penalty of Rs. 410/. Whenever penalty is levied the authorities concerned should issue a simple showcause notice and they should not indicate the penalty which is likely to be imposed. The guidance for levy of penalty is laid down in the Act itself.'' Once the amount of penalty is indicated in the showcause notice it is clear that the authorities have practically decided the issue without hearing the affected persons.

Consequently, I am of the view that the impugned order, Annexure P2, cannot be sustained. I, therefore, allow the writ petition and quash the order dated 26.7.1979, Annexure P2. No costs.