CHAMAN LAL SINGHAL versus HARYANA URBAN DEVELOPMENT AUTHORITY & ORS.

CHAMAN LAL SINGHAL versus HARYANA URBAN DEVELOPMENT AUTHORITY & ORS.

Section 17 of the Act does not apply as no binding contract arose due to non-payment and non-acceptance of allotment; cancellation and forfeiture were in consonance with allotment terms, but the representation for condonation of delay was not properly dealt with by Estate Officer and must be considered by Chairman, HUDA if delay exceeds 150 days.

Parties
Appellant: Chaman Lal Singhal; Respondent: Haryana Urban Development Authority & Ors.
Jurisdiction
India
Judgment Date
09 February 2009
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision in CWP No. 10672/2007
Outcome
Appeal disposed of; order of High Court set aside; matter remanded to Chairman, HUDA.
Legal Topics
Land Allotment, Cancellation of Allotment, Procedural Fairness, Condonation of Delay
Urban Development Administrative Law Land Allotment Cancellation of Allotment Procedural Fairness Condonation of Delay

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Parties

Chaman Lal Singhal

Appellant

Haryana Urban Development Authority & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision in CWP No. 10672/2007

Legal Issues

  1. 1 Whether cancellation of land allotment for delay in payment was justified
  2. 2 Application of Section 17 of Haryana Urban Development Authority Act, 1977
  3. 3 Proper authority for condonation of delay in deposit of 15% amount

Ratio Decidendi

Section 17 of the Act does not apply as no binding contract arose due to non-payment and non-acceptance of allotment; cancellation and forfeiture were in consonance with allotment terms, but the representation for condonation of delay was not properly dealt with by Estate Officer and must be considered by Chairman, HUDA if delay exceeds 150 days.

Court Disposition

Appeal disposed of; order of High Court set aside; matter remanded to Chairman, HUDA.

Orders

  • Chairman, HUDA to consider appellant's representation for condonation of delay in accordance with law and as expeditiously as possible.
  • No part of Supreme Court's observations to influence process of disposal by Chairman, HUDA.