VIPUL RAI SHARMA Vs. LUDHIANA IMPROVEMENT TRUST LUDHIANA

JUDGEMENT

(1.) These 140 writ petitioners who were allotted plots on reserve price in the year 1976 are aggrieved by the action of the Ludhiana Improvement Trust, Ludhiana (hereinafter to be referred to as 'The Trust') for demanding additional amount on account of the increase in price of the plots. This increase in price has occurred on account of the award of the Court regarding compensation compensation to the landowners.

(2.) The respondent-Trust vide resolution dated 27/11/1974, invited applications from weaker sections for allotment of plots on lease-hold basis. It is averred that in spite of the fixation of reserve price on subsidised rates, the response to this notice was very poor. Thereafter, the Trust resolved that the plots be allotted on free-hold basis. Accordingly, in the year 1976, the Trust invited applications for the allotment of residential plots from persons belonging to the economically weaker sections and low income groups. The size of the plots varied from 100 square yards to 250 square yards. The reserve price of plots measuring 100 square yards to 150 square yards was fixed at Rs. 40.00 per square yard and in respect of the plots measuring 200 and 250 square yards the price was fixed at Rs. 50.00 per square yard. In response to this notification, the petitioners submitted their applications and were allotted plots in the year 1976. A copy of one such letter of allotment has been appended as Annexure 1-4 with the writ petition. In this letter of allotment, it was, inter alia, provided that the balance 75 per cent of the amount along with 10 per cent interest shall be recovered in seven half-yearly instalments. Further, the allottee was debarred from selling the plot or the house constructed thereon for a period of 10 years. It was further stipulated that "within a period of one month of the receipt of this letter you will enter into an agreement on a stamp paper of Rs. 3.00 with the Trust regarding/relating to allotment and the conditions of sale." It was further stipulated that in case the conditions laid down in the letter of allotment were acceptable to the allottee he will complete various formalities within the stipulated period failing which it would be presumed that he was not interested in the allotment of the plot.

(3.) The aver that subsequent to the allotment, the agreement was executed and clause 16 of the agreement regarding the payment of the enhanced price could not be added in the agreement because the form of agreement given in the Ludhiana Improvement Trust Land Disposal Rules, 1964 (hereinafter referred to as the 'rules') did not contain any such clause. They further aver that some plots were sold in public auction. Such persons as have purchased the plots in open auction were not subjected to the conditions imposed upon the allottees.