BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 26.04.2018 (Annexure P-17) passed by the Special Secretary to Govt. of Punjab, Housing and Urban Development, Chandigarh-respondent No. 1, whereby the revision petition preferred under Section 48 of the Punjab Regional and Town Planning and Ludhiana Development Act, 1995 (hereinafter referred to as '1995 Act') by the petitioner stands dismissed wherein the petitioner challenged the order dated 15.12.2016 (Annexure P-15) passed by the Additional Chief Administrator, Greater Ludhiana Area Development Authority (hereinafter referred to as 'GLADA') exercising the powers of Housing Commissioner, whereby the application dated 03.01.2013 preferred by the petitioner, which has been treated as an appeal under the 1995 Act, stands dismissed on the ground of the same being delayed by about 21 years and being devoid of merits for having violated the primary conditions of allotment letter.

(2.) Briefly, the facts are that the petitioner applied for allotment of a flat. He was successful in the draw of lots and vide letters dated 06.02.1987 and 10.03.1987, he was called upon to deposit certain amounts. Vide letter dated 14.12.1987 (Annexure P-4), petitioner was allotted House No. 2522 under the Partial Self Financial Scheme under the provisions of the Punjab Housing Development Board Act, 1972 (hereinafter referred to as '1972 Act'). As per the factual position in the impugned orders, petitioner, instead of taking possession of the house, raised issue of inferior quality of construction. Petitioner stopped making payment of the instalments as per the Hire Purchase Agreement as laid down in the allotment letter. Because of the non-taking of the possession of the house and non-payment of the instalments, allotment of House No. 2522, H.I.G. Category at Ludhiana was cancelled vide letter dated 04.11.1992 (Annexure P-5).

(3.) This action of the respondents cancelling the allotment of the flat was challenged by the petitioner by filing CWP No. 783 of 1993. The said writ petition was dismissed by this Court vide order dated 05.08.2014 (Annexure P-10) holding therein that vide communication dated 14.12.1987, the amount, which was required to be deposited by the petitioner, was clearly mentioned prior to the delivery of possession which the petitioner admittedly did not deposit nor had the petitioner offered to deposit the amount so as to find out the balance amount payable from the respondents. This Court, in the light of the conduct of the petitioner, found the order of cancellation of the flat dated 04.11.1992 (Annexure P-5) to be in accordance with law.