CHAND RANI SETH Vs. CHIEF ADMINISTRATOR, GMADA

JUDGEMENT

(1.) The petitioner seeks a mandamus to direct the respondentsGMADA to allot plot No. 598, Phase-XI, SAS Nagar, Moahli, measuring 100 sq. yards and give its possession to her against registration No. R-9862. The petitioner seeks the aforesaid allotment in the Oustee Category.

(2.) The facts may be noticed briefly. The land of Amolak Ram S/o Chamba resident of village Lambian, District SAS Nagar, Moahli, was acquired for the development of urban area of Mohali. Amolak Ram applied for allotment of a residential plot measuring 100 sq. yards as an oustee in terms of the policy of the respondents-GMADA. Amolak Ram was informed by the then Government Department vide letter dated 21.4.1981 (Annexure P-1) about his entitlement for allotment of plot @ Rs. 85/- per sq. yard. Amolak Ram is said to have executed a Will in favour of the petitioner on 18.6.1980 registered on 24.6.1980. After the death of Amolak Ram, his legal heirs, however, disputed the Will and raised claim for allotment of the plot in question. The petitioner, therefore, filed a declaratory suit which was decreed by the Civil Court vide judgment and decree dated 8.9.2006. Consequent thereto, the respondents-GMADA transferred the registration No. R-9862 in favour of the petitioner on 16.4.2010 (Annexure P-8) and decided to allot a plot measuring 100 sq. yards to the petitioner. Before transfer of this registration number, the respondents-GMADA sent a letter dated 12.8.2009 (Annexure P-5) to the petitioner for furnishing certain informations by way of affidavits. It further appears that the desired information was furnished by the petitioner through different affidavits including the affidavit dated 24.1.2011, giving the additional information sought by the respondents-GMADA. In this manner, the case of the petitioner for allotment of a plot measuring 100 sq. yards was fully complete in all respects on 24.1.2011.

(3.) It is also not in dispute that as on 24.1.2011, the rate of allotment of plots up to 100 sq. yards was Rs. 12,500/- per sq. yard. The respondent-Authority, however vide its letter dated 21.3.2012, has informed the petitioner to give consent for allotment of the subject plot @ Rs. 35,000/- per sq. yard and that she should deposit a sum of Rs. 8,75,000/- towards 25% of the sale price.