SHAM SUNDER SETHI Vs. THE PRINCIPAL SECRETARY TO GOVERNMENT OF PUNJAB, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OTHERS

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ of certiorari for quashing of order dated 08.07.1985 (Annexure P-13), passed by respondent No.3, order dated 26.08.1998 (Annexure P-25), passed by respondent No.2, order dated 10.10.2001 (Annexure P-27), passed by respondent No.1, and also for a writ of mandamus directing the respondents to restore allotment of residential plot to the petitioner, which has been cancelled vide order dated 08.07.1985 (Annexure P-13).

(2.) In brief, as per the case set up by the petitioner, he applied for a residential plot measuring 7- marlas in Urban Estate, Mohali, on 10.10.1973 and paid the earnest money. On 25.03.1975, respondent No.3 informed him about revision in allotment policy and asked him to deposit some more amount to complete the earnest money, at the revised rate, which was deposited by the petitioner on 07.04.1975. On 16.02.1979 and 26.02.1979, the petitioner also deposited some more amount on the asking of respondent No.3 to complete some formalities, but he was informed on 18.04.1979 that as per policy, he can not be allotted an 8 marla plot, rather, if he wanted to have a plot of 10 marla or 1 kanal, then he should deposit the full price. On 11.05.1981, the government revised its allotment policy and the petitioner was informed that he should deposit some more money to complete 25% amount of the price of plot, at the rate of '85/- per Sq. Yard. The petitioner, vide his application dated 15.05.1981 (Annexure P-7), opted for a plot of 200 Sq. Yards at the revised rates and deposited '1,350/- to complete 25% price of the opted plot, but the government again revised its allotment policy in the year 1983, as per which plots of different sizes were to be allotted, in terms of the income criteria. A public notice was also issued on 10.08.1983 of the revised policy, according to which the petitioner was eligible for a plot of 250 Sq Yards, in terms of his income, which was above '25,000/- per annum.

(3.) Thus, vide his application dated 30.08.1983 (Annexure P-10), petitioner opted for a plot of 300 Sq. Yards and deposited '1858/- to complete 25% price of the opted plot. Respondent No.1 held the draw of lots and the petitioner was considered for allotment of plot of 262.5 Sq. Yards instead of 300 Sq. Yards, as the plots of 300 Sq. Yards were not even carved out. In any case, after being successful in the draw of lots, the petitioner was allotted plot No.332, Phase XI, Mohali, an allotment letter of that plot was issued in his favour, he was asked to deposit '3,368/- to complete 25% price of the plot and to submit an affidavit of his income. On 20.03.1985, the petitioner deposited '3,368/- and also sent his affidavit disclosing his annual income which was above '25,000/- per annum. However, vide order dated 08.07.1985 (Annexure P-13), respondent No.3 cancelled allotment of plot No.332, Phase XI, Mohali, on the ground that as per affidavit submitted by the petitioner, his income was more than the prescribed income in the policy, which should have been between '20,000/- to '25,000/-. After cancellation of allotment, the petitioner made a representation on 12.07.1985, but he was informed by respondent No.3 that his plot has been cancelled as his income was more than the prescribed limit meant for a plot of 262.5 Sq. Yards. It is pertinent to mention that the petitioner was informed that he can file an appeal against order dated 08.07.1985 (Annexure P-13) before competent authority, within the period of limitation. The petitioner, instead of filing of an appeal, made a representation dated 24.01.1990 (Annexure P-17) to the Chief Administrator, Urban Estate, Punjab, Mohali, in which he was allegedly given a personal hearing and was advised to approach the government. The petitioner, vide his application dated 14.09.1990 (Annexure P-19) approached the government and sent reminders dated 26.10.1990 and 12.12.1990 (Annexures P-20 & P-21 respectively). The petitioner was ultimately informed, vide letter dated 07.11.2001 (Annexure P-23), that as he did not file any appeal against the impugned order dated 08.07.1985 (Annexure P-13) and had rather requested the government to decide his representation as an appeal, his request was turned down, with an advise to file an appeal before the Chief Administrator, as per the procedure prescribed. It was only then, the petitioner filed an appeal under Section 11(1) and (3) of the Urban Estates (Development & Regulations) Act, 1964 [for short "the 1964 Act"] which was dismissed by the Chief Administrator, vide order dated 26.08.1998 (Annexure P- 25), on the ground that the appeal is highly belated as it has been filed on 02.12.1991 against order dated 08.07.1985 (Annexure P-13), i.e., after expiry of 6 years, though the appeal could have been filed within 30 days of the passing of the order. Aggrieved against order dated 26.08.1998 (Annexure P-25), the petitioner filed a revision petition under Section 45(8) of the Punjab Regional & Town Planning and Development Act, 1995 [for short "1995 Act"] because by that time, the 1964 Act was repealed. The revision petition was also dismissed by respondent No.1, vide its impugned order dated 10.10.2001 (Annexure P-27) on the ground of delay. Aggrieved against the impugned orders, referred to above, the petitioner has approached this Court.