- Haryana Urban Development Authority Act, 1977, Section 17 allows for the resumption of plots in cases of non-payment of installments.
- Resumption should be the last resort according to the Act.
- Authorities have a duty to determine whether the default was willful or deliberate.
- The appellate authority dismissed the appeal based solely on the ground of limitation without considering the question of willful or deliberate default.
- More than half of the plot price has been paid, indicating that there is no deliberate attempt to avoid payment.
- The petitioners are willing to make the payment.
- The court sets aside the harsh resumption order, subject to the payment of all outstanding dues for the plot, including penalties.
- 2014 PLRonline 0209
- Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to subscribe Trial Pack)