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4. Since the allottee Rabinder Nath (NRI) did not comply with the terms and conditions of the allotment and did not commence the production within the stipulated time, Show Cause Notice dated 26.08.2003 was issued to the allottee under Section 17(4) of the HUDA Act, 1977. One Rakesh Sarna claiming to be the Power of Attorney sent the reply dated 14.11.2003 saying that the original documents are missing and requested for issuance of duplicate copies. In the said reply, the said Rakesh Sarna (GPA) stated that they would “construct the building within six months from the date of receipt of the missing documents.” Not being satisfied with the reply received, the allottee was offered an opportunity of personal hearing vide Memo dated 06.01.2004. The said Rakesh Sarna (GPA) appeared and gave a written reply. On perusal of the reply dated 14.11.2003 and report submitted by the Junior Engineer of HUDA, the Estate Officer, HUDA held that the allottee failed to commence the production in spite of grant of sufficient opportunities and vide order dated 25.02.2004 resumed the plot forfeiting 10 per cent of the consideration money.

12. As pointed out earlier, in reply to the Show Cause Notice, one Rakesh Sarna claiming himself as General Power of Attorney filed the reply dated 14.11.2003. In the said reply, Rakesh Sarna (GPA) has not stated anything about the illness or the disability of Satyawati. In the said reply, Rakesh Sarna (GPA) only took excuse for non-construction of the building and non-production stating that original documents like (i) Allotment Letter; (ii) Possession Letter;

(iii) No Due Certificate; (iv) Deed of Conveyance; (v) Occupation Certificate; and (vi) Building Plans were missing and he has asked for issuance of duplicate copies of relevant documents. The said Rakesh Sarna (GPA) further stated that they would construct the building within six months from the date of receipt of missing documents.

15. As discussed earlier, the industrial plots were allotted at a very reasonable rates/concessional rates with a view to provide incentives to the allottees/entrepreneurs with intent to ensure industrial growth and economic development of the State and generation of adequate employment opportunities. These allotments are not only governed by the provisions of HUDA Act, 1977 Rules and Regulations framed thereunder but also by the provisions of the industrial policy of the State. Construction of building and commencement of production are the integral part of the terms and conditions of the order of allotment. The appellate and Revisional authority as well as the High Court cannot be faulted for the observation that the buildings were not constructed for twenty long years after allotment. If the construction of the building was really complete, the appellants could have very well filed the completion certificate; but that was not to be so. It is pertinent to note that in the reply dated 14.11.2003 of the said Rakesh Sarna (GPA) of Satyawati, it is stated that “we will construct the building within six months from the receipt of missing documents”. We fail to understand that why the said Rakesh Sarna (GPA) should undertake to construct the building within six months from the date of receipt of missing documents. In this regard, we may usefully refer to the order of the Revisional authority which has referred to the comments of the Estate Officer received vide Memo No.19584 dated 23.12.2013 where it was stated as under:-