CASE BRIEF

CASE NAME AND CASE LAW:

Dalip Singh vs State Of Haryana on 25 October, 2018 (CIVIL
APPEAL NO. 10718 OF 2018) { Section 17 of HUDA ACT ,
1997}
FACTS:
Industrial plot was allotted to Rabinder nath and he did not
complied with the terms and conditions Show Cause Notice
was issued to the allottee under Section 17(4) of the HUDA Act,
1977. The appellants filed a writ petition in High Court which
was dismissed. The High Court said, that the plot was allotted
on concessional price with the focus of commencing production
or industrials activities thus they discharged the writ petition
filed by complainants.
ISSUE:
Whether the writ petition to High court was rightly dismissed ?
JUDGEMENT:
The Hon’ble Supreme Court, on 25th October,2018 by a single
judge bench comprising of Justice R. Banumathi held that The
court can obstruct with the revocation of resumption of land
only when executives has not acted upon there duties or acted
in breaking of the procedure. Clause (11) says that in the
matter of the event of a breach of any of the conditions of
transfer, the Estate Officer may resume the land under Section
17 of the HUDA Act, 1977. The order of re-opening of the plot
as given in the terms and conditions and the High Court
obstructed the orders of the Revisional Authority. The applicant
failed in all the forums including the High Court and also the
Revisional authority, and didn’t find any serious delicacy
illegality in the order of resumption of the plot and therefore, to
be dismissed