LAWS(P&H)-1993-11-7

ANOKH SINGH Vs. STATE OF PUNJAB

Decided On November 09, 1993
ANOKH SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner is a non-resident Indian. The dispute is regarding the allotment of a plot. A few facts may be noticed.

(2.) The petitioner resides at Vancouver in Canada. In response to an advertisement, he applied for the allotment of a one kanal plot at S.A.S. Nagar Mohali, on 23/03/1978. Along with the application, he sent a Bank Draft drawn on the State Bank of India for an amount of 3900 Canadian Dollars which were equivalent of Rs. 26657.55 at that time. Vide letter dated 20/09/1979, a copy of which has been produced as Annexure P-1 with the writ petition, respondent No. 2 viz. the Estate Officer, Urban Estates, Punjab informed the petitioner that plot No. 2032 Phase X Sahibzada Ajit Singh Nagar has been earmarked and allotment letter will be issued after receiving the balance price due from you. It is requested that a Bank Draft amounting to Rs. 867.45 in foreign currency may please be sent to this office ................ so that action for allotment could be taken. Your Bank Draft of 3900 Dollars (i.e. Rs. 26657.55) has been received vide receipt No. 066 Book No. 576. The petitioner avers that in compliance with this letter, he forwarded a Bank Draft dated 9/10/1979 to the Estate Officer, Urban Estates, for an amount of 134.10 Canadian Dollars which were equivalent of Rs. 867.45. In spite of the payment having been made, no letter of allotment was sent to the petitioner. He avers that in 1979 itself, he visited India and requested the respondents for allotment and possession of Plot No. 2032 in Phase X, SAS Nagar, Mohali. This was followed by repeated reminders including a request vide letter dated 9/02/1988 to the then Governor of Punjab. In spite of an assurance having been conveyed through Mr. R. S. Mann, no letter of allotment was sent to the petitioner.

(3.) After a period of almost 10 years, vide letter dated 21/03/1989, respondent No. 2 informed the petitioner that 'in the draw of lots held on 12-3-1989, it has been decided to allot Plot No. 587 in Sector 70, SAS Nagar, measuring 500 Sq. Yds.' The petitioner was further informed that this allotment was subject to his completing various formalities including payment of an amount of Rs. 1,26,875.00 in foreign exchange 'as the balance price of the plot. It is also cleared (sic) that the cost of the plot so intimated is provisional and you shall have to pay the balance as per actually fixed.' A copy of this letter has been produced as Annexure P-3 with the writ petition. In response to this letter, the petitioner served a notice dated 1/03/1990 on the respondents. A complete sequence of events was given. The respondents were requested to send an allotment letter without charging any enhanced price in respect of Plot No. 2032, Phase X, SAS Nagar, Mohali which had been initially earmarked for the petitioner. Respondent No. 2 sent a reply to this notice vide letter dated 11/09/1990. The factual position was admitted. However, it was mentioned that the allotment letter could not be issued in view of the revision of policy by the State Government. Aggrieved by this response, the petitioner has filed this petition. The petitioner avers that 'the respondent are bound to deliver possession of the Plot No. 2032, Phase 10, SAS Nagar, Mohali or as a substitute Plot No. 587, Sector 70, SAS Nagar without demanding enhanced price.'