PUNJAB SMALL INDUSTRIES Vs. HARNEK SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order dated 15.07.2011 whereby the learned Single Judge has allowed CWP No. 2348 of 1994 preferred by 1st respondent in terms of a Division Bench judgement dated January 13, 1994 passed in CWPNo. 3310 of 1990 with a further direction to the appellant- Corporation that in case the particular industrial plot is not available, the 1st respondent shall be allotted an alternative plot at some other Industrial Focal Point in SAS Nagar Mohali.

(2.) THE appellant-Corporation issued an advertisement on 23rd January, 1984 inviting applications for allotment of free-hold industrial plots in Phase-IX SAS Nagar Mohali under the Self Financing Scheme. The plots were to be allotted at the rate of Rs. 80/- per sq.yard though the final cost for the eligible entrepreneur, after availing land subsidy, was statedly Rs. 28/- per sq.yard only. The last date to submit applications was extended till March 31, 1984. The 1st respondent was one of the applicants and in the draw of lots held on 12.09.1987 he emerged successful for allotment of an industrial plot measuring 1 kanal. A formal allotment letter dated 25.09.1987 (Annexure P5) was issued to the 1st respondent allotting plot No. 22 measuring 478 sq.yards on a tentative price of Rs. 33,240/-. As per clause (i) of the allotment letter the 1 st respondent was required to deposit a sum of Rs. 15,296/- i.e. 40% amount of the tentative price of the plot, within a period of 30 days from the date of allotment letter. The balance amount could be paid either in lump-sum without interest within 60 days or in 5 equated annual instalments along with interest.

(3.) THE 1st respondent meanwhile offered payment of Rs.15,296/- i.e. 40% of the balance payment by way of a demand draft dated 17.10.1987 (Annexure P6) though as per the case of the appellant-Corporation, the payment was not accepted and the 1st respondent was requested not to offer any payment as finalization of allotment of the industrial plots had been stayed by this Court in the above-mentioned cases.