GREATER MOHALI AREA DEVELOPMENT AUTHORITY Vs. MANJU JAIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred against the judgment and order dated 22.11.2007 passed by the High Court of Punjab and Haryana at Chandigarh, in Civil Writ Petition No. 16621 of 2007, by which the High Court has set aside the judgments and orders of the Revisional Authority dated 31st July, 2007 and the Appellate Authority dated 30th March, 2006 and the order of cancellation of the suit plot dated 20th August, 2003 by the statutory authority.

(3.) Facts and circumstances giving rise to this case are that the respondent No. 1 applied vide application No. 026012, dated 27.1.1997, for allotment of a flat under a hire purchase scheme along with application money of Rs. 20,000/-. After considering the application of the respondent No. 1 along with other applicants, a draw of lots was held on 28.6.1997 and an M.I.G. flat was allocated to the respondent No. 1 and she was informed vide letter dated 19.11.1997 about the said allocation. As per the said allocation letter, the allotment was for a tentative cost to the tune of Rs. 4,79,200/-. Respondent No. 1 would deposit a further 15% of the price of the flat within 30 days of the issuance of the allotment letter and the balance amount was to be deposited in equal monthly installments over a period of 13 years. It was also open for her to make payment of the balance amount in a lump sum within 60 days from the date of issue of the allotment letter. The authority issued the letter of allotment dated 9th March, 1999 in her favour, which made it clear that the price of the house was Rs. 5,55,200/- and that she had to send her acceptance of the allotment and deposit 25% of the amount within 60 days of the receipt of the allotment letter. She had to deposit the balance amount in monthly installment over a period of 13 years. The respondent No. 1 did not make any response to the said letter nor did she deposit any amount. The appellant-authority on her query vide letter dated 28th August, 2003, informed the respondent No. 1 that the allotment made in her favour stood cancelled, as she did not deposit any amount in pursuance of the allotment letter dated 9th March, 1999.