Haryana Urban Development Authority - Reservation of residential flats for Advocates - Father of the petitioner was
successful but unfortunately before the draw of flats the father of the petitioner died - Petitioner claimed allotment of a plot being a legatee of his father on the basis of registered Will
- Petitioner a non-Advocate is not entitled to benefit of reservation as no concluded contract in respect of immovable property has come into existence with the issuance of letter of
allotment - Indian Succession Act 1925(39 of 1925).(179) P.L.R.
Haryana Urban Development Authority - Allotment of plot -
Classification on the basis of rank of an officer - Is unreasonable. (179) P.L.R.
Haryana Urban Development Authority - Allotment of
residential plots - Primarily in the aforesaid Clause, some reservation has been made for the State Government employees or the employees of its Statutory Boards or Corporations - The
employees of the Cooperative Banks have also been made eligible, but the employees of the autonomous bodies like University, employees of DRDA and employees of Cooperative Federations have
been excluded from applying for allotment of plot in the GSRQ Category - Undisputedly, the employees of the Cooperative Federation are not the Government Servants and they cannot be treated
as equivalent to Government servants - Constitution of India, Article 14. (176) P.L.R.
Haryana Urban Development Authority - Delay in depositing
15% of the amount - Policy permitting condonation of delay, the delay could be condoned up to 180 days by the Chief Administrator on payment of 10% of the surcharge, whereas beyond 180 days,
the delay could be condoned by Authority - Such power to condone delay by the Authority could be exercised by a Committee comprising of the Secretary, Town and Country Planning Department as
Chairman, Chief Administrator HUDA and Director, Town and Country Planning as members - Delay would arise only after the expiry of 30 days, therefore, the period for condonation of delay will
not commence from the date of issuance of letter of allotment - The consequences of delay in consideration of the question of condonation of delay by the Competent authority cannot fall upon
the petitioner in terms of the procedure given in the policy - The question of condonation of delay has not been examined in a proper perspective. Haryana Urban Development Authority -
Resumption - Simply for delayed payment, the resumption should not be resorted to when the respondent has a right to claim penal interest and had claimed penal interest, when the petitioners
have made substantial payment though after the order of resumption was passed.(177) P.L.R.
Haryana Urban Development Authority - Petitioner being a non-privileged
individual had applied for allotment of the residential plot under general category and not under the defence/parliamentary forces category - Case was wrongly considered by the respondents in
the category of plots reserved for para military forces where the petitioner had been successful in the draw of lots - Allotment cancelled - Respondents are directed to allot the respective
plots to the petitioner for which they have been declared successful. (183) P.L.R.
HUDA - Allotment of Industrial Plot - Clause 2(viii)
provides that any additional price in respect of the plot as a consequence of enhancement in compensation that may be awarded by the Court(s) shall be payable by the allottees - The language
of this clause is wide as is evident from the words "enhancement in compensation that may be awarded by the Court(s)"- The enhancement is not restricted to that granted by the Reference Court
or even the Appellate Court - It refers to any enhancement in compensation that may be awarded by the Court(s) meaning thereby any Court be it the Reference Court, the Appellate Court or the
Supreme Court - The clause does not exclude the enhancement made by the Court - Whether the Reference Court or even the High Court prior to the date of allotment - The allotee is bound to pay
any additional price as a consequence of the enhancement in compensation - The interest constitutes an additional price as a consequence of enhancement in compensation that is awarded by a
Court - Petitioner would succeed only to the extent that the total consideration for the acquisition of the land being the numerator the total area of the land for which the compensation was
paid must constitute the denominator in computing the amount payable.(182) P.L.R.
HUDA - Estate Management Policy 2005 - As regards change
in share holding - It was the policy of 2005 in force - There was no deficiency in the application submitted by the petitioner/company - No justification is also forthcoming with regard to
the delay in processing of the application - It has also not been explained as to what was "nature of clarification" that was being awaited from the competent authority so as to settle the
quantum of transfer fee - Such delay cannot operate for the determent of the petitioner - Transfer fee liable to be deposited was as per EMP, 2005 - Admittedly, the same already stands paid -
EMP 2011 would have no applicability in this case.(181) P.L.R.