IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 15473 OF 2007 DECIDED ON : 19.02.2009 Shashi Goyal ...Petitioner versus HUDA and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sanjiv Gupta, Advocate, for the petitioner. Mr. Arun Walia, Advocate and Mr. Dinesh Nagar, Advocate, for the respondents. SURYA KANT, J. (ORAL) The petitioner seeks a direction to the respondent- HUDA authorities to accept the payment without compound interest and to regularize the allotment of Plot No. 1183-P, Sector - 64, Faridabad, in her favour. Briefly stated, the facts are that Plot No. 1183-P, Sector – 64, Faridabad, was allotted to the petitioner on free hold basis vide allotment letter dated 14.01.2001 (Annexure P-1) Clause 4 and 5 of the allotment letter stipulates as follows : “4. In case you refused to accept this allotment you shall communicate your refusal by a registered letter within 30 days from the date of allotment letter failing which this allotment shall stand cancelled and the earnest money deposited by you shall be forfeited to C.W.P NO. 15473 OF 2007 -2- the authority and you shall have no claim for damages. 5. In case you accept this allotment, please send your acceptance by registered post along with an amount of Rs.47443/- within 30 days from the date of issue of this allotment letter which together with an amount of Rs.27,110/- paid by you along with your application form as earnest money, will constitute 25 per cent of the total tentative price”. On receipt of allotment letter, the petitioner is reported to have sent her consent vide letter dated 31.01.2001 (Annexure P-9) but with a further request that she should be granted some more time to deposit the balance amount, as her husband was allegedly suffering with some ailment. She offered to deposit the balance amount at a later stage along with delayed interest @18% per annum. The petitioner's request was not accepted and as such the offer of allotment stood cancelled. It is the conceded position that the petitioner did not pay 25% of the allotment price and thus, the allotment letter dated 14.01.2001 remained an offer of allotment only and no binding contract between the parties, took place. After cancellation of the allotment vide an order dated 28.05.2001 (Annexure R-1), the petitioner does not appear to have challenged the said cancellation order before the Appellate/ Revisional Authorities. Rather she has directly approached this C.W.P NO. 15473 OF 2007 -3- Court claiming that due to adverse family circumstances, the price of the allotted plot could not be paid by her and she is ready and willing to pay the entire amount along with simple interest. Having heard learned counsel for the parties, I am of the considered view that no case for interference by this Court is made out. Had it been a case of reasonable and well-explained delay, some interference by this Court in exercise of writ jurisdiction could be warranted. The petitioner's claim that she even could not pay the 15% of the allotment price for validation of the allotment and/or subsequent installments for years together allegedly for certain reasons, is a seriously disputed question of fact which could at the best be examined by the HUDA authorities only. Consequently, this writ petition is disposed of with liberty to the petitioner to approach the HUDA/Revisional Authorities under the HUDA Act, who may consider the plea put forth by her and noticed herein above and in accordance with law. If the petitioner prefers the appeal/revision within the stipulated time, third party rights shall not be created till the final disposal thereof. Disposed of. FEBRUARY 19, 2009 (SURYA KANT) shalini JUDGE