ASHOK KUMAR BANSAL Vs. BARNALA IMPROVEMENT TRUST

JUDGEMENT

(1.) BRIEFLY stated the facts are that complainant is a MBBS, MD doctor and is practising at Barnala which is now a district and earlier it was a part of District Sangrur. OPs had floated a scheme for allotment of nursing home sites known as 22 acres scheme. Complainant had applied for allotment of nursing home site and accordingly nursing home site No. 2 was allotted vide allotment letter dated 25.6.1998 in general category against payment of Rs. 16,25,000. Ten percent was to be paid extra as it was a corner plot. The copy of the allotment letter is Annexure C -1 and the copy of the notice containing terms and conditions of auction is Annexure C -2.

(2.) IT was next averred that he had deposited the amount of 25% as per allotment letter dated 25.6.1998 and the remaining amount was to be deposited in five equated half early instalments with interest as mentioned in para -2 of the complaint. The copy of the letter showing the payment of 25% of the total sale consideration and schedule of instalments along with interest is Annexure C -3.

(3.) IT was further averred that possession of the site was to be delivered within 30 days of the allotment i.e. up to 25.7.1998. However, the possession was not delivered at the site in spite of his repeated requests and ultimately he made an application dated 23.1.2001 for delivery of possession which is Annexure C -4 but actual demarcation was not given at the spot as there was an area of 174 sq.yards in excess in the site No. 2 and vide letter Annexure C -5 dated 16.4.2001 it was mentioned by OPs that the matter had been referred to Senior Town Planner, Patiala and demarcation of site No. 2 could not be done till the report was received from the Senior Town Planner. He had made an offer to pay for the excess area at the rate at which the plot had been allotted to him but of no avail.