BALWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The relevant facts for the decision of this petition under Article 226 of the Constitution are as follows-

(2.) . The petitioner is a displaced person and the property in dispute (2 Doctor's Lane, New Delhi-aresidential bangalow), is an evacuee property. This property was put to auction on the 24th April, 1960 and the petitioner's bid being the highest (2,50,100.00). He paid at the spot a sum of Rs. 25,000.00. A letter dated the 20th June, 1960 was addressed to the petitioner intimating to him that his bid had been accepted and he was required to pay the balance price within fifteen days of the receipt of that letter. According to the petitioner, he received this letter sometimes in July, 1960. No payment of the balance was made within the requisite period. On the 7th July, 1960, the property in dispute was included in the draft Master Plan for Delhi for the extension of the Lady Hardinge Medical College. For the first time in November 1960, by letter exhibit 2, the petitioner made an inquiry whether the property had been included for extension of the Lady Hardinge Medical College in the draft Master Plan of Greater Delhi. In this letter, the petitioner no where indicated that if it was so included, he was not willing to abide by the contract of sale. All he indicated was that, in that event, he would not incur expenses on improvement.

(3.) Apart from the ea.rliei- show-cause notices, which according to the department were refused and according to the petitioner were never received by him,there is a show-:ause notice dated the 6th November, 1960, exhibit P.3 which admittedly was received by the petitioner.By this show-cause notice the petitioner was required to show-cause why the bid of the property sanctioned in Ins favour should not be cancelled and the amount deposited by him not forfeitcd. The petitioner did not show cause to this notice but maintained the position that the property had been included for the extension of the Lady Hardinge Medical College in the draft Master Plan and, therefore, till this matter was clarified, he was not willing to deposit the money with the result that the department cancelled the bid, forfeited the amont a dre-advertised the property for sale and the property has been sold to Sohan Lal, respondent for a sum of Rs. 2.51.400.00.