NATHA SINGH Vs. GMADA

JUDGEMENT

(1.) This order shall dispose of writ petitions bearing Nos. 9462 and 21409 of 2012 as both have arisen out of the order dated 26.5.2011 passed by Additional Secretary to Government of Punjab, Department of Housing and Urban Development, Chandigarh, in exercise of his power as a Revisional Authority under the Punjab Regional and Town Planning and Development Act, 1995. While the petitioner in CWP No. 9462 of 2012, seeks a mandamus for enforcement of the revisional order, CWP No. 21409 of 2012 has been preferred by Greater Mohali Area Development Authority (GMADA), challenging that order.

(2.) To appreciate the controversy, a brief reference to the facts is being taken from CWP No. 9462 of 2012. Babu Lal S/o Late Ladhu Ram, applied in response to a 'residential scheme' advertised and opened w.e.f. 27.11.2000, for allotment of a residential plot measuring 125 sq. yards in Sector 76-80, SAS Nagar Mohali. Babu Lal, was successful in draw of lots in one of the reserved categories and was issued Letter Of Intent (LOI) dated 22.3.2001 (Annexure P-1). Babu Lal sold the aforestated Letter of Intent to one Pawan Sood, who applied for transfer of L.O.I. in his favour along with 'transfer and processing fee'. Application of Pawan Sood was accepted by the Competent Authority and on 1.1.2002, Letter of Intent (LOI) was issued in his favour. No objection was raised against the eligibility of original allottee (Babu Lal) or of Pawan Sood nor any deficiency in their application forms/transfer applications were pointed out.

(3.) The second allottee-cum-Letter of Intent holder-Pawan Sood, then entered into an 'agreement to sell' with the petitioner (Natha Singh) on 15.6.2004 and on receipt of sale consideration, the petitioner and Pawan Sood both moved a joint application for transfer of Letter Of Intent (LOI) in favour of the petitioner. The Estate Officer, GMADA while scrutinizing the said application found that the original allottee (Babu Lal) had not submitted the certificate of his being resident of Punjab, hence the very issuance of Letter of Intent in his favour was illegal and consequently on 5.10.2007, cancelled the Letter of Intent of the original allottee. The petitioner (Natha Singh) being the only and real aggrieved person preferred an appeal against cancellation of LOI and the matter was remanded by the Appellate Authority to the Estate Officer, GMADA, to decide it afresh on merits by passing a speaking order. The Estate Officer, however, reiterated his cancellation order. The petitioner's appeal was also turned down on 18.2.2010. The petitioner, thereafter, filed a revision petition under Section 45(8) of the Punjab Regional and Town Planning and Development Act, 1995, before the State Government.