Civil Writ Petition No.10424 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10424 of 2010 Date of Order: 18.08.2011 Ramesh Kumar ...Petitioner Versus Haryana Urban Development Authority and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Mr.Namit Gautam, Advocate for the petitioner. Mr. Arun Walia, Advocate for the respondents. RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of certiorari for quashing orders dated 20.08.2009 and 11.03.2010, Annexure P-11 and Annexure P-14, whereby the plot allotted to the petitioner has been cancelled for failure to deposit a part of the original amount. On 07.07.201, after considering the matter in detail, a Coordinate Bench passed the following order:- "Heard learned counsel for the petitioner. Prima-facie, this case appears to be a Civil Writ Petition No.10424 of 2010 -2- glaring example of high-handedness, malafide and colourable exercise of powers at the hands of respondent-HUDA authorities. Even when the petitioner's explanation regarding the cause of delay in depositing 15% of the allotment price of the subject plot was not discarded, rather was impliedly accepted, the Appellate- Authority-cum-Administrator, HUDA, Gurgaon vide order dated 20.8.2009 (Annexure P-11) expressed her inability to condone the delay on the plea that such a power vests only with the Chairman of the Authority. When the petitioner, under the subsequent directions dated 1.12.2009 issued by this Court, approached the higher authorities, his request for condonation of delay has been turned down mechanically on the pretext that "as per the policy, no delay can be condoned in depositing 15% amount.........". Suffice it to observe at this stage that the Policy expressly empowers the Chairman and/or the Authority (HUDA) to condone the delay "beyond 150 days upto one year". Since the delay in the case of the petitioner is for 203 days only, his case squarely falls within Civil Writ Petition No.10424 of 2010 -3- Clause B(4) of the Policy dated 3.8.2007 (Annexure P-13). Notice of motion for 7.10.2010. Let the Chief Administrator, HUDA, file an affidavit along with details of the cases wherein delay of 150 or more days in deposit of 15% allotment price has been condoned after the first policy came into force w.e.f. 9.4.1999. The details shall include the period of delay, name of the allottee, the urban estate and other relevant descriptions. Meanwhile, the Administrator, HUDA, Gurgaon and the Estate Officer, HUDA, Gurgaon, are directed to provisionally accept 15% of the allotment price along with interest at the prescribed rate from the petitioner before the next date of hearing and hand-over the vacant possession of the plot in dispute to him within 10 days of deposit of the same, failing which there shall be a show cause notice as to why Contempt of Court proceedings be not initiated against them." In response to this order, Shri Vatsal Vashisht, Estate Officer-II, HUDA, Gurgaon, has filed an affidavit. A relevant extract from the affidavit reads as follows:- Civil Writ Petition No.10424 of 2010 -4- “That the possession of Plot No.115, Sector- 47, Gurgaon has been given to the allottee vide office Memo No.SDE(S)-1660, dated 12.11.2010. The petitioner had deposited 15% of the amount which has been accepted by the respondents. A copy of the office letter No.10063, dated 06.10.2010 and the possession letter dated 12.11.2010 are annexed as Annexure R-1 and R-2 with this short reply. It is, therefore, prayed that in view of what has been stated above the writ petition be dismissed as having become infructuous. Counsel for the HUDA submits that in view of allotment of the plot, delivery of possession, and the affidavit filed by the Estate Officer-II, HUDA, as nothing survives for adjudication, the present petition may be disposed of as infructuous. In view of the statement made by counsel for the HUDA, the present petition has been rendered infructuous and is disposed of accordingly. August 18, 2011 (RAJIVE BHALLA) nt JUDGE