GMADA Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Greater Mohali Area Development Authority [for short GMADA] seeks quashing of the order dated 23rd August, 2011 [Annexure P-10] passed by Special Secretary, Department of Housing and Urban Development-cum-Revisional Authority whereby resumption order dated 27th September, 2001 in respect of Booth Site No. 69, Phase XI, Mohali has been set aside and its allotment has been restored in favour of respondents No. 2 to 5.

(2.) Commercial Site - Booth No. 69, Phase XI, Mohali was allotted to respondent No. 2 along with his deceased brother [ Vinod Kumar ] on 21st August, 1996 in an open auction held by Punjab Urban Development Authority [for short PUDA], now represented by GMADA. The site was sold for a consideration of Rs. 9,07,000/-, 25% whereof was duly deposited by the highest bidders. On deposit thereof, allotment letter dated 18th October, 1996 [Annexure P-1] was issued along with the terms and conditions of the allotment including the followings:-

(3.) There is no denial to the fact that the allottees did not pay even a single single penny towards 75% balance sale consideration despite numerous statutory notices dated 07.09.2000, 02.11.2000, 01.04.2001 and 07.05.2001 issued under Section 45 of the Punjab Regional and Town Planning and Development Act, 1995 [ in short 'the 1995 Act'] where-under a site is liable to be resumed and part of the sale consideration forfeited for breach of conditions of transfer.