BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Administrative Secretaries exercised the powers of the Ministers in terms of the Rules of Business during the period of Governor's Rule in the State of Punjab in 1980. The allotment of plots in Urban Estate out of the discretionary quota which could otherwise be made by the Minister could thus be made by the concerned Administrative Secretaries during that period. In May, 1980, when the State of Punjab was under Governor's rule, the petitioner was allotted plot No. 2009 (500 Square Yards) Phase X in Sahibzada Ajit Singh Nagar (Mohali) Urban Estate out of the discretionary quota under the orders of the Administrative Secretary. The petitioner made the initial deposit and was given the possession of the plot. In June, 1980, he was allotted plot No. 707, Phase I in Sahibzada Ajit Singh Nagar by way of exchange for plot No. 2009. On November 27, 1980, the allotment of the plot made in the name of the petitioner was cancelled. The petitioner assailed the cancellation order in Civil Writ Petition No. 580 of 1981 which was disposed of on September 23, 1981, by the following order:-

(2.) The Punjab Urban Estates (Development and Regulation) Amendment Act, 1981, inter alia introduced section 11-A in the Punjab Urban Estates (Development and Regulation) Act, 1964 (hereinafter the Act). The relevant part of section 11-A reads :-

(3.) On March 22, 1982, the petitioner was issued a notice (P-11) under section 11-A of the Act to show cause notice within 15 days of the receipt thereof as to why action contemplated in sub-section (1) of Section 11-A of the Act may not be taken against him. After the receipt of the notice, the petitioner sent the communication dated April 7, 1982 (P.12) to the Secretary to Government Punjab, Housing and Urban Development, Chandigarh, wherein he prayed that the copies of the documents as also information detailed therein be supplied to him to enable him to give reply to the show cause notice. The relevant parts of this communication read :-