RATTAN SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition filed under Articles 226/227 of the Constitution of India is for quashing the order dated 11.8.2003, Annexure P.2, whereby the allotment of Plot No. 91 in 25.21 Acre scheme of Improvement Trust, Bathinda in favour of the petitioner was cancelled. Further prayer has been made for a direction to the respondents not to charge more than the price which was circulated at the time of advertisement in the year 1989 arid quash the order dated 16.7.2002, Annexure P.27 passed in this regard. A few facts relevant for the decision of the controversy, as narrated in the petition, may be noticed. In July/August 1989, respondent No. 1 invited applications by 31.8.1989 from general public for allotment of different categories of plots in a scheme known as 25.21 Acre Scheme of Improvement Trust, Bathinda, situated at Guru Kanshi Marg (Goniana Road), Bathinda. The petitioner being eligible submitted his application on 29.8.1989 alongwith a draft of Rs. 5000/ - on 28.8.1989 for allotment of plot measuring 200 square mtrs. (239 square yards) in the office of respondent No. 2 vide receipt dated 29.8.1989, Annexure P.4. The petitioner also submitted an affidavit dated 29.8.1989, Annexure P.5 to the effect that he or his spouse did not own any residential house/plot in Union Territory of Chandigarh or any Urban Estate or in any scheme of the Improvement Trust in Punjab or Panchkula. The petitioner made number of representations to the respondents for holding draw of lots. After the lapse of seven years on 18.8.1996, the draw of lots was held by Respondent No. 2 and the petitioner received letter dated 17.3.1997 for allotment of the plot in question alongwith the Performa of affidavit which was to be submitted in the office of Respondent No. 2. Similar letters were also issued to the other successful candidates. Accordingly, the petitioner submitted his affidavit dated 20.3.1997, Annexure P.9 alongwith forwarding letter to Respondent No. 1. Thereafter, the petitioner made various representations to the different authorities for issuance of allotment letter. The said representations were considered by Respondent No. 3 exercising the powers of the Government and after perusal of the file and the affidavit dated 20.3.1997, he issued a direction dated 18.8.1999, Annexure P.14 to the Chairman Improvement Trust to issue allotment letter to the petitioner. On 30.8.1999, Annexure P.15, the Government reconsidered the order dated 18.8.1999 and decided to withdraw the same which was communicated to Respondent No. 2 as well as the petitioner. Thereafter various representations were made by the petitioner to the Principal -Secretary to the Government -respondent No. 1 for considering his case sympathetically for allotment of plot at the rate of Rs. 421/ - per square yard. After seeking opinion from the Legal Remembrancer, respondent No. 2 issued allotment letter on 22.1.2001 to the petitioner at the total price of Rs. 2,09,723/ -. On 14.2.2001, Annexure P.21, the petitioner filed representation to the Chairman, Improvement Trust, Bathinda to the effect that the trust could not demand price at the rate of Rs. 877.50 per square yard on the ground that at the time of advertisement in the year 1989, it was circulated at the rate of Rs. 421/ - per square yard. On 19.2.2001, Annexure P.22, Respondent No. 2 entered into an agreement of sale with the petitioner which was signed by the then Executive Officer on 8.5.2001. On 11.6.2001, Annexure P.23, Respondent No. 2 issued letter to the petitioner for deposit of sale price of Rs. 2,09,723/ - through five half yearly installments. On 28.8.2002, Annexure P.30, Respondent No. 2 handed over possession of the plot in question to the petitioner and since then he is in possession of the same. On 6.12.2002 and 4.2.2003, Annexures P.28 and P.29, the petitioner made representations to the Government against the rejection order dated 16.7.2002 vide which his request for reduction of the price was rejected. On 17.7.2003, the petitioner deposited Rs. 2,38,041/ - through installments with interest as well as enhanced price of Rs. 18,285/ - as demanded by Respondent No. 2. Vide order dated 11.8.2003, Annexure P.2, Respondents No. 1 and 2 cancelled the allotment of the plot in favour of the petitioner on the ground that he had misconceived the facts in his affidavit Hence the present petition.

(2.) IN the written statement filed on behalf of respondent No. 2, it has been inter -alia, submitted that since the petitioner had purchased Plot No. 451 in another scheme of the Improvement Trust as mentioned above between the date of application i.e. 1989 and the draw of lots in the year 1996, he became ineligible for the allotment in question. It was further submitted that the affidavit submitted by the petitioner to the effect that he or his spouse did not own any plot/house in any scheme of the Improvement Trust proved wrong. On these premises, prayer for dismissal of the petition has been made.

(3.) IT was further submitted that vide letter Annexure P.6 issued on 17.3.1997, the petitioner was required to submit an affidavit in the following form: - -