GMADA Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) Greater Mohali Area Development Authority [for short 'GMADA'] impugns the order dated 5 th July, 2011 [Annexure P-12] passed by Special Secretary, Department of Housing and Urban Development, Punjab-cum-Revisional Authority whereby resumption of Plot No. 924, Phase IX, SAS Nagar Mohali allotted to respondent No. 2 on the ground of non-payment of the due instalments, has been set aside and the allotment has been restored.

(2.) Plot No. 924, Phase IX, SAS Nagar, Mohali measuring 100 square yards was allotted to respondent No. 2 on 21st February, 1997 in an open auction for a sale consideration of Rs. 9,40,000/- by erstwhile Punjab Urban Development Authority [now substituted by the petitioner-Authority]. Respondent No. 2 deposited 10% of thesale price on the date of auction and another 15% within time to complete 25% payment of the allotment price. He was thereafter issued allotment letter on 20th August, 1997 stipulating vide Condition No. 2 that 75% of the balance sale price could be paid in lump-sum without interest within 60 days or in four yearly equated instalments along with interest @15% per annum, as per the Schedule given in Para 3 of the allotment letter.

(3.) Respondent No. 2 committed default in payment of the very first instalment and thereafter none of the instalments was deposited by him on time or otherwise. Since respondent No. 2 failed to pay all the four instalments, a show cause notice dated 22nd January, 2002, was served calling upon him to deposit a total sum of Rs. 15,88,099/- including the interest. As there was no response, another notice dated 21st March, 2002 was served upon respondent No. 2 calling him for personal hearing. Again there was no response, hence third notice dated 23.05.2002 was sent for personal hearing on 5 th June, 2002. Thereafter, the order dated 4 th July, 2002 was passed whereby the plot was resumed/allotment cancelled and 10% of the total sale price of the plot was ordered to be forfeited.