HC flays Haryana city planning physique for cancelling plot allotments in Gurgaon, imposes value of Rs 5 lakh | Delhi Information

The judgment made it clear that the HSVP couldn’t “on a prima facie flimsy pretext, evade the constitutional assurance meted to the promisees”.

The decision got here on a plea by 5 petitioners who had moved the court docket after not getting their allotments regardless of being profitable in e-auctions for the development of ‘double-storey cubicles’, costing round Rs 94 lakh every, on the plot in query.

HSVP’s act of refunding the bid quantity “was a intelligent subterfuge employed by the respondent involved, to evade the discharging of contractual obligation forged upon it,” the court docket held, including that “there was full lack of diligence, as additionally prima facie fee of torts of non-feasance, mis-feasance and malfeasance, on the a part of the respondent involved.”

The e-auction in query was carried out on March 17, 2022. HSVP had, nonetheless, initially denied possession citing pending improvement works, solely to ultimately cancel the allotment in July final yr, regardless of the deposit of cash.

After the petitioners’ representations to rethink and finalise their allotment had been rejected, they moved the excessive court docket.

The excessive court docket, whereas imposing prices, famous that the petitioners had been unnecessarily pushed to litigation. Advocate Aadil Singh Boparai appeared for the petitioners.