BAL RAJ KAPURIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners, Bal Raj Kapuria and others, seek issuance of writ in the nature of mandamus directing the respondents to allot plots to each of them in the urban estate of S.A.S. Nagar, Mohali in Phase IX and X @ Rs. 58.00 per square yard and other terms and conditions as applicable in 1980. In pursuance of advertisement published in the newspaper by the respondents in 1969 for allotment of residential sites in the Urban Estates of S.A.S. Nagar, Mohali the petitioners being eligible for the allotment of the residential sites applied for the same. Petitioners Nos. l, 2 and 6 applied for 10-Marla plot each, petitioner No. 3 for 16-Marla plot and petitioner Nos. 4 and 5 for 8-Marla plot each. All the petitioners sent their applications accompanied by demand draft towards 10% of the cost of plot as per advertisement. The applications were received and registered accordingly by the respondents. As per terms and conditions of the allotment, 15% of the price was to be deposited within 30 days from the date of issuance of allotment letters whereas the balance was payable in instalments with interest @ 7%. Rate per square yard of the plots up to 250 sq. yards was Rs. 20.00 and from 251 to 500 sq. yards was Rs. 19.00. The petitioners deposited 10 per cent of the price of the plots applied for. The amount so deposited was duly received by the respondents and the petitioners had been allotted registration numbers as well. Petitioner No. 1 received a letter dated 1-12-1974 informing that he should deposit Rs. 3,306.00 in addition to the amount already deposited so as to make the deposit of 25 per cent of the total price of the plot. It was also intimated that price of the plot has been fixed at Rs. 58.00 per square yard. Similarly, other petitioners as well received similar letters and they had deposited various amounts demanded from them. The case of the petitioners is that on deposit of 25 per cent of the sale consideration as against the required 10 per cent of the price of the plot @ Rs. 58.00 per square yard, they were entitled to the immediate allotment of the residential plot as applied for either in Phase VI or VII, S.A.S. Nagar, Mohali on the basis of their seniority in the matter of registration. However, some of the persons filed a petition in this Court challenging the price of the plots at the rate of Rs. 58.00 per square yard, but the same was dismissed. After dismissal of the writ petition aforesaid, the petitioners were allotted plots in terms of their entitlement and preference. On the files even though allotment orders were passed, the petitioners did not receive actually the allotment letters. The same were received by them very late, but the rate of plots was mentioned to be Rs. 85.00 per square yard. With a view to demonstrate that the plots had actually been allotted although formal allotment letters had not been issued, it has been pleaded that the Government changed its policy of allotment/auction to the draw of lots and first such draw of lots was held on 15-3-1985. Under the new policy, all the then eligible applicants registered with the department were considered in the draw of lots except the petitioners. The petitioners were not considered in the aforesaid draw of lots for reason that the plots had since already been allotted to them. On enquiry, however, the petitioners were informed that cases of the petitioners were under consideration of the Government and they will be issued letter of appointment in respect of the plots already allotted to them in the year 1980. This was told to them when they came to know that names were not included in the draw of lots, which was to be held in 1985. Thereafter, in the next draw of lots when names of those applicants, who had already been allotted plots, were included, the same was protested by the petitioners on the ground that the plots stood already allotted to them in the year 1980 on account of their eligibility and that they could not be made to suffer because of some mistake on the part of the department in the matter of issuance of formal allotment letters. The representations on that account have been annexed to the present writ petition as Annexures P4 and P5. Representations of the petitioner were considered and it was ordered that the allotment letters should be issued to them. However, thereafter respondent No. 3 issued a letter requiring respondent No. 1 to file an affidavit on a non-judicial stamp paper and to pay another sum of Rs. 11,008.00 on account of the balance 25 per cent of the price. The other petitioners were also issued similar letters. With a view to get plots, the aforesaid demand was met, which was, however, under protest as is duly reflected from Annexures P8 and P9. On payment of the amount, as stated above, the petitioners were issued the allotment letters. The provisional price mentioned in the allotment letters was, however, taken serious note of by the petitioners and they protested the matter vide representation dated 6-11-1989 (Annexure P16). When the protest aforesaid brought no tangible results, the petitioners filed the present writ petition.

(2.) Inasmuch as plots have since been allotted to the petitioners as is clear from the narration of facts given above, their only remanent prayer is that they should be charged the price that was prevailing in the year 1980 when they had become eligible for allotment of plots and in fact plots had been allotted to them even though allotment letters were ultimately issued in the year 1989. It is averred that delay in the allotment of plots was entirely attributable to the conduct of the respondents and that could not visit the petitioners with such consequences as to make the allotment of plots on such terms which may be impracticable if not impossible.

(3.) The matter has been contested and written statement has been filed on behalf of respondents Nos. 1 to 3 by Shri Mohinder Singh, P.C.S., Estate Officer, Urban Estate, Punjab. Before the matter is proceeded any further, it requires to be mentioned that when arguments had been heard and the judgement was reserved and then date was fixed for rehearing the matter, an application was filed by Punjab Housing and Development Board, Chandigarh so as to implead it as party-respondent during the pendency of writ petition.