KRISHNA DEVI Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) The petitioners, who had purchased plots from Municipal committee, Rajpura in an open auction on May 27, 1980, are aggrieved by the action of the respondents in not handing over the possession of the plots and approving the plans submitted by them. The brief resume of facts would suffice.

(2.) The property descried as Garden No. 4 which is adjacent to the residence of the Sub-Divisional Magistrate, Rajpura on Patiala Road vested in the Notified Area Committee, Rajpura. On the constitution of the Municipal Committee, Rajpura, the property came to vest in respondent No. 2. Vide resolution, dated January 21, 1980, the Committee resolved that plans for construction of shop-cum-flats be got prepared from a qualified Architect. It further resolved that the plots be sold by public auction. On March, 11, 1980, the Deputy Director (Local bodies) conveyed the sanction to the auction of the plots subject to the condition that the price be got approved from the Collector, Patiala. Necessary approval was accorded by the Collector vide his order dated May 6, 1980. A copy of this approval is at Annexure P-6. Thereafter, public notices were issued in the daily newspaper 'The Tribune' dated May 9, 1980 and May 10, 1980 and various other newspapers, informing the public that the auction of the plots for construction of shop-cum-flats will be held on May 27, 1980. The auction was actually held in the presence of the S.D. M. Rajpura, Deputy Director (Local Bodies) and the Executive Officer, Municipal Committee, Rajpura. 11 plots were auctioned @ about Rs. 400.00 per square yard. In accordance with the terms of notice, the price was payable in instalments. Petitioner No. 1 paid the entire amount of Rs. 91,561/- in lump-sum and a registered sale-deed was executed in her favour on July 31, 1980. It is averred that the possession of the plot was given to her. The other petitioners deposited 25 per cent of the price of plot as announced by the respondents at the time of auction. The petitioners have averred that they have submitted plans for construction of shop-cum-flats on the plots purchased by them. The Committee had refused to sanction the plans or to accept the instalments offered by them. It is averred that the decision of the Committee to auction the plots was in consonance with the instructions dated December 12, 1977 issued by the Government. A copy of these instructions has been produced as Annexure P.8. The petitioners having failed to get the requisite relief from the respondents, they have approached this Court through the present petition. The action of the Committee in not approving the plans and in not accepting the remaining instalments on the pretext of certain instructions from the State Government has been challenged on various grounds raised in the writ petition.

(3.) A written statement has been filed on behalf of respondent No. 2. The reference has been made to a decision taken in the meeting held on August 14, 1980 wherein it is alleged to have been inter alia decided that the Municipal committee shall not issue sale-deeds in respect of the plots already sold on May 27, 1980. Rest of the averments have been broadly admitted.