K.L. SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER the petitioner is entitled to allotment of a residential plot measuring 500 sq. yards in Urban Estate, Mohali and if so, at what rate ? This is the main question which arises for determination in this petition filed for issuance of a writ in the nature of mandamus directing respondents No. 2 and 3 to allot a plot to him at the rate of Rs. 58/- per square yard ignoring the increase in the cost of land and changes made in the policy of allotment. He has also prayed for directing the respondents to pay compensation in lieu of delay in the allotment of plot.

(2.) THE facts necessary for deciding the writ petition are that vide application dated 26.4.1971, the petitioner applied for allotment of a 500 sq. yards plot in Urban Estate, Mohali. After about 3 years, the Estate Officer, Urban Estates, Punjab issued Memo No. S-1/M 36/GE/1262 dated 2.2.1974 vide which he asked the petitioner to indicate his choice for consideration of his application for priority allotment of plot in the following categories, i.e., (i) who make lump sum payment of balance price; (ii) who make payment of balance price in two equated annual instalments (including interest payment); (iii) who make payment of balance price in three equated annual instalments (including interest payment); (iv) who make payment of the balance price as per the existing system, i.e., the balance amount payable in six annual equated instalments (including interest payment). The petitioner does not appear to have given option in pursuance of the said memo. After another one year and 6 months, the Estate Officer, Urban Estates, Punjab informed the petitioner vide Memo No. A (B-7363/GE) 35 dated 9.8.1975 that a decision had been taken to charge enhanced earnest money for allotment of plots of different categories. The petitioner responded to that communication by making a representation to the concerned officer to indicate whether or not his seniority would be maintained as per paragraph 2 of the terms and conditions of allotment embodied in the application form. He also insisted on allotment of plot at the old rates. For the next 20 years, nothing happened except exchange of some correspondence between the petitioner and the Estate Officer in which the former reiterated his claim for allotment of plot at the rate prevalent on the date of application and the latter rejected his plea on the ground that the rates have been revised and asked him to give consent to pay the price at the revised rates.

(3.) AFTER almost 2-1/4 years of the submission of application by the petitioner, the Chief Administrator of the Punjab Urban Planning and Development Authority (for short, the PUDA) issued public notice Annexure P.13 dated 31.8.1995 inviting applications from the old eligible applicants for allotment of plots at the rate of Rs. 1,400/- per square yard subject to the condition of completion of formalities and deposit of the balance of 10% earnest money on or before 4.10.1995. The petitioner completed the necessary formalities and deposited balance of the 10% earnest money before the appointed date, but he was not allotted plot even at the rate of Rs. 1,400/- per square yard and after about a year and six months, he was informed vide memo Annexure P.17 dated 30.4.1997 that plot can be allotted to him at the rate of Rs. 3,600/- per square yard. The petitioner protested against this hike in the price of land and vide representations Annexures P.18 dated 9.5.1997 and P.19 dated 7.3.1998, he claimed allotment of plot at the rate of Rs. 1,400/- per square yard. He has now sought this Court's intervention for directing respondents No. 2 and 3 to allot him plot at the old rates and pay compensation for the delay caused in the allotment.