Leave granted.
Validity of orders of recession of allotment of industrial plots and
resumption thereof by the appellants herein is in question in this batch ... would be liable for resumption. The terms
and conditions of letter of allotment would clearly show that resumption
of the plot is not automatic
Officer shall proceed to take action for imposition
of penalty and resumption of plot in accordance with the provisions of
Section ... accordance
with the conditions of allotment and feel relief against the resumption of
plot by stating that he/she/it is ready
consideration money.
5. Being aggrieved by the order of resumption of plot, Satyawati
wife of Rabinder Nath through her GPA Rakesh Sarna filed appeal
under ... Revision Petition deserves dismissal…..”
16. Contending that the extreme step of resumption of plot is
erroneous, the learned senior counsel for the appellants placed
reliance
orders passed by defendants Nos. 1 and 2 for the resumption of the plot as being illegal, arbitrary, unconstitutional without jurisdiction and against the principles ... against the impugned action. It has been further contended that resumption of a plot is a weapon of last resort. But in the present case
made on the plot within three years
of allotment, hence resumption of plot was in accordance
with Bye-laws, which is valid.
(v) Bye-laws ... violation of
the Bye-laws 50 to 55. Resultantly the resumption of plot
by the committee of management is valid.
(vi) If statute requires
board rightly issued
Ex.DW3/C to the defendant for resumption of plot since
he failed to raise construction after getting necessary
approval from ... other hand plaintiff board issued show cause notice
.
dated 9.5.1991 for resumption of plot for not raising
construction up to 5.1.1991. It is not understood
supply of copy of resumption order but it was not given
to them. Terming the act of resumption of the plot as illegal, null ... stated that there was no resumption order available on the file and no
separate order of resumption of the plot in question was passed
demanded from him in order to
enable him to avoid resumption of the plot to the appellant-authority. The
aforesaid demand was made by letters ... 34478 Dated 06.01.97,
Sub: Regarding payment of balance installment resumption of plot
of Urban Estate D Road, Sector/ Phase-II at Ludhiana,
residential/ commercial plot
Officer shall proceed to take
action for imposition of penalty and resumption of plot
in accordance with the provisions of Section ... Officer shall proceed to take action for imposition of penalty and
resumption of plot in accordance with the provisions of the Section
resumption order, if any,
or otherwise. Though there was no prayer regarding any
resumption order, it was asserted that the resumption
order, if any passed ... over the plot in question and also to remove an electrical
pole existing in the plot and to make available the plot free
from