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PETITIONER: THE HARYANA URBAN DEVELOPMENTAUTHORITY & ANR.

       Vs.

RESPONDENT: ROOCHIRA CERAMICS & ANR.

DATE OF JUDGMENT:       23/10/1996

BENCH: B.P. JEEVAN REDDY

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Heard counsel for the parties.      Leave granted.      The respondent  was allotted an industrial plot. He had to pay  25% of the price in the beginning and the balance in 6 equal  instalments. He  only paid the first instalment but not the rest. A Show cause notice was given to him on 5.9.94 under section  17 (3)  of the  Huda Act.  A notice proposing imposition of  penalty was  also issued. These notices could not be  served upon him and therefore notices were served by affixture. A  notice dated  l0.1.95 was also given providing personal hearing. The respondent never appeared. Accordingly the plot was resumed under section 17 (4) of the Act and the amount deposited was forfeited. The appeal preferred by the respondent was dismissed by the Appellate Authority who held that though  several notices  were issued to the respondent, he has been evading service. It dismissed the appeal holding that  in  view  of  the  persistent  defaults  make  by  the respondent, there  was no ground for interference in appeal. The respondent  therefore approached  Punjab &  Haryana High Court  by  way  of  a  writ  petition.  He  pleaded  certain financial difficulties.  Without recording  a finding  as to the correctness  of the  said plea  assuming for the sake of argument that  such a  course  was  permissible  in  a  writ petition the  High Court  allowed the  petition "keeping  in view the financial stringency of the petitioner, interest of the parties,  readiness and willingness of the petitioner to pay the  remaining unpaid  amount and to set the controversy at rest. The High Court further directed that interest shall be charged  only at  10% per annum on the amount due and not at the rate of 18% as calculated by the authority for a part of the period.      We are  of the  opinion that  in a writ petition it was not open  to  the  High  Court  to  entertian  the  plea  of financial stringency  for the first time. The respondent who had not responded to repeated notices and had not availed of the person  hearing offered  to him, could not be allowed to plead such  financial stringency  for the  first time before the High  Court.  Indeed  the  High  Court  could  not  have entertained such a plea. It has been held repeatedly by this

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Court that  the power  under Article  226 is  the  power  of judicial  review.  The  High  Court  can  only  examine  the procedural correctness.  It cannot so into the merits of the controversy like  an  appellate  authority.  No  finding  is recorded by  the High  Court in this case that the procedure adopted by  the Estate  Officer was either not in accordance with the  statutory previsions  or was  in violation  of the principles of  natural justice.  The  High  Court  obviously acted as  an appellate authority and that to as a benevolent appellate authority.  There is  no room  for any benevolence under Article  226 of the Constitution. If the court departs from law  and enters the arena of benevolence the perils and pitfalls are too many to recount. There will be no objective standards of  judging. Justice  becomes personlised It would vary from  Judge to  Judge. In the absence of any procedural irregularity,  the   High  Court   had  no  jurisdiction  to interfere in  the matter.  The High  Court  also  failed  to notice that  the respondent  is guilty  of  not  paying  the instalments as  undertaken by  him. By  interfering  on  the basis of  unverified and  unsubstantiated plea  of financial stringency, the  Court  wound  be  encouraging  contumacious conduct and breach of undertakings.      The appeal  is accordingly allowed. The Judgment of the High Court  is set  aside. The  writ petition  filed by  the respondent shall stand dismissed. No costs.