C.W.P. No.4302 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.4302 of 2008 Date of decision:05.08.2009. The Maharaja Surajmal Enclave Co-operative Group Housing Society Ltd. ..Petitioner Versus Haryana State Industrial and Infrastructure Development Corporation Ltd. and another. ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Rajbir Sehrawat, Advocate, for the petitioner. Mr. Dheeraj Chawla, Advocate, for the respondents. ***** JASBIR SINGH, J. (ORAL). Petitioner – society has filed this writ petition to lay challenge to the order dated 14.08.2007 (P-4), with a further prayer that the respondents be directed to restore residential plot to it, which was resumed vide impugned order mentioned above. Counsel for the parties heard. As per facts on the file, in a draw of lots, which was conducted on 12.02.2007 by respondent No.1, under a scheme to allot land to the Cooperative Group Housing Societies for residential purpose, a plot was allotted to the petitioner. Price of the plot was approximately Rs.2,30,40,000/-. It is an admitted fact that before allotment, along with its application, petitioner had deposited an amount of Rs.2,30,400/-, i.e. 10% of the total price, towards earnest money. It C.W.P. No.4302 of 2008 -2- is case of the petitioner that in view of change of address, allotment letter was not received by it. Due to that fact, the petitioner failed to deposit further amount, equal to 15% of the cost, in time, i.e. within 60 days from the date of allotment. It is further case of the petitioner that intimation, regarding change of address, was sent through courier and also it was brought personally, in the notice of the authorities concerned. However, allotment letter and intimation to pay further 15% amount towards price of the plot was not received. It is further case of the petitioner that on 07.08.2007, letter Annexure P-3 was delivered in the office of respondent No.1 personally, wherein a prayer was made that intimation be given regarding the amount to be deposited by the petitioner, so that the petitioner may deposit the same. Without taking any action on the letter mentioned above, impugned order was passed on 14.08.2007. By stating as above, prayer has been made that the order under challenge be set aside and the plot be restored to the petitioner. In written statement, it has been stated that after receipt of a letter from the petitioner, extension to deposit the amount was given to it up to 27.07.2007, however, when the petitioner failed to do the needful, the plot was resumed. Perusal of record indicates that intimation to deposit the amount was given to the petitioner on address of the petitioner, originally given by it, and not at the changed address. Otherwise also, once the petitioner had made a request, vide letter Annexure P-3, to deposit the amount, the authorities were not justified in passing the resumption order. This Court feels that non deposit of amount had occurred due to non receipt of the orders mentioned above. At the time of arguments, Mr. Sehrawat has very fairly C.W.P. No.4302 of 2008 -3- stated that the petitioner shall deposit the amount due towards 15% of the cost and the amount of installments up to date, along with interest and penalty, within a period of 2 months, from today. As per law settled by this Court in Shri Ram Puri Vs. The Chief Commissioner, Chandigarh and others, 1982 PLR, 388 and in Terri Oat Estates (P) Ltd. Vs. U.T., Chandigarh and others, (2004) 2 Supreme Court Cases, 130, it has been laid down that the power of resumption shall be used as a last resort. In view of above, this writ petition is allowed, impugned order Annexure P-4 is set aside and respondent No.1 is directed to restore, plot in question, to the petitioner, subject to petitioner's depositing of dues, up to date, along with interest and penalty, as undertaken by it in the Court, within a period of 2 months from today. Disposed of. August 05, 2009. ( JASBIR SINGH ) vinod JUDGE